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S.4726

Taxation

Catch Up Our Kids Act of 2022 This bill provides tax benefits to compensate for learning losses due to school closures during the COVID-19 pandemic. The bill

To alleviate pandemic learning loss. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Catch Up Our Kids Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) The COVID-19 pandemic and the resulting school disruptions will have a profound and lasting impact on students across the United States. (2) While most countries of the world closed schools at the beginning of the pandemic as a precaution, the United States was an outlier by keeping schools closed to in-person instruction for unnecessarily extended periods of time and favoring remote instruction. (3) There is no scientific evidence that showed elementary or secondary schools to be vectors for community spread, nor that school-aged children were uniquely vulnerable to the COVID-19 virus. To date, schools have not been proven to be major spreaders of COVID-19. (4) According to a study done by the Harvard University Center for Education Policy Research, 30 percent of students in elementary and secondary schools during the 2020-2021 school year attended schools that conducted classes remotely for more than 16 weeks. (5) The Harvard University study showed that high-poverty districts and districts that serve predominately Black and Hispanic students were more likely to have remote instruction. The study also showed that remote instruction was a primary driver of widening academic achievement gaps. (6) The achievement gaps and learning loss have proven remote instruction to be a failure. (7) In mathematics, studies show that students who attended mostly in-person instruction during the 2020-2021 school year lost approximately 20 percent worth of a typical school year's mathematics learning. Comparatively, students who spent most of the school year in remote instruction lost 50 percent of math instruction. (8) According to a McKinsey study, on average, students in elementary and secondary schools are 3 months behind in reading as a result of the pandemic school disruptions. (9) Pandemic school closures, and the consequent learning loss, have reversed the progress made to narrow the academic achievement gaps for historically disadvantaged groups. Low- income, Black, and Hispanic students fell further behind compared to White, Asian, and high-income students. (10) Learning loss was shown to be less significant in States and school districts that reopened in-person instruction sooner. States with the lowest rates of remote instruction in both high- and low-poverty districts, such as Texas and Florida, saw smaller rates of learning loss and gaps in achievement compared to States with the highest rates of remote instruction. (11) If pandemic learning loss is permanent, studies show that students who attend high-poverty schools may see a decline of 5 percent in average earnings over their lifetimes. Overall, elementary and secondary school learning loss could result in a $2,000,000,000,000 decline in lifetime earnings. (12) All levels of government, elected officials, and those working in education must make it a priority to pursue parent- driven and directed policies to help students catch up from pandemic-related learning loss and close achievement gaps. SEC. 3. USE OF UNOBLIGATED ESSER FUNDS FOR LEARNING LOSS SCHOLARSHIPS. (a) Definitions.--In this section: (1) Eligible student.--The term ``eligible student'' means an elementary school or secondary school student-- (A) whose parent or legal guardian applied for a learning loss scholarship under this section; and (B) who is a citizen or national of the United States or an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who is lawfully present in the United States. (2) Scholarship-granting organization.--The term ``scholarship-granting organization'' means an organization that-- (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) provides learning loss scholarships to eligible students who-- (i) reside in the State in which the organization is recognized; or (ii) in the case in which the organization received a subgrant from the Bureau of Indian Education, are members of a federally recognized Indian Tribe. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). (b) Transfer of Unobligated Funds.--The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act (Public Law 116-136), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116-260), and section 2001 of the American Rescue Plan Act of 2021 (20 U.S.C. 3401 note) are hereby transferred and shall be used by the Secretary to carry out this section. (c) Learning Loss Scholarships.-- (1) Authorization.--The Secretary shall use amounts transferred under subsection (b) to award grants to States that submit applications under paragraph (2). (2) Applications.--A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (3) Allocations to states.--The amount of each grant under paragraph (1) shall be allocated by the Secretary to each State in the same proportion as each State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in the most recent fiscal year. (4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. (B) Use of funds.--A parent or legal guardian of an eligible student who receives a learning loss scholarship may use the scholarship on behalf of the eligible student for any of the following: (i) Tuition for enrollment at an elementary school or secondary school, including at a private elementary school or secondary school. (ii) Tutoring services. (iii) Educational classes or curriculum inside or outside of the home. (iv) Books, instructional materials, or online educational materials. (v) Educational therapies, including educational therapies and services for students with disabilities. (vi) Other educational and instructional materials as the student's parent or legal guardian determines is beneficial in-relation to at-home learning, including online or virtual schooling or home instruction. SEC. 4. LEARNING LOSS TAX CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. LEARNING LOSS TAX CREDIT. ``(a) Allowance of Credit.--In the case of a taxpayer who is an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to $1,200. ``(b) Limitation.--Subsection (a) shall not apply in the case of a taxpayer with adjusted gross income for the taxable year in excess of-- ``(1) $400,000 in the case of a joint return, and ``(2) $200,000 in any other case. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means a citizen or national of the United States. ``(d) Qualifying Child.--For purposes of this section-- ``(1) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. ``(2) Exception.--The term `qualifying child' shall not include any individual who is not a citizen or national of the United States. ``(e) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. ``(f) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(g) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. (b) Clerical Amendment.--The table of sections for subpart A 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 25D the following new item: ``Sec. 25E. Learning loss tax credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 5. EXCLUSION FOR EMPLOYEE CHILD EDUCATIONAL ASSISTANCE. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. 128. CHILDREN'S EDUCATIONAL ASSISTANCE PROGRAMS. ``(a) Exclusion From Gross Income.-- ``(1) In general.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for educational assistance to the employee's qualifying child if the assistance is furnished pursuant to a program which is described in subsection (b). ``(2) $2,000 maximum exclusion.--If, but for this paragraph, this section would exclude from gross income more than $2,000 of educational assistance furnished to an individual with respect to any one child of the individual during a calendar year, this section shall apply only to the first $2,000 of such assistance so furnished with respect to such child. ``(b) Children's Educational Assistance Program.-- ``(1) In general.--For purposes of this section, a children's educational assistance program is a separate written plan of an employer for the exclusive benefit of the employees of the employer to provide such employees' children with educational assistance. The program must meet the requirements of paragraphs (2) through (6) of this subsection. ``(2) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are highly compensated employees (within the meaning of section 414(q)) or their dependents. For purposes of this paragraph, there shall be excluded from consideration employees not included in the program who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that children's educational assistance benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. ``(3) Other benefits as an alternative.--A program must not provide eligible employees with a choice between children's educational assistance and other remuneration includible in gross income. For purposes of this section, the business practices of the employer (as well as the written program) will be taken into account. ``(4) No funding required.--A program referred to in paragraph (1) is not required to be funded. ``(5) Notification of employees.--Reasonable notification of the availability and terms of the program must be provided to eligible employees. ``(c) Definitions; Special Rules.--For purposes of this section-- ``(1) Educational assistance.--The term `educational assistance', with respect to a qualifying child of an employee, means the payment, by an employer, of expenses incurred by or on behalf of an employee for such child for-- ``(A) curriculum and curricular materials, ``(B) academic books or other instructional materials, ``(C) online educational materials, ``(D) tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and-- ``(i) is licensed as a teacher in any State, ``(ii) has taught at an eligible educational institution (as defined in section 529(e)(5)), or ``(iii) is a subject matter expert in the relevant subject, or ``(E) fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. The term `educational assistance' does not include any payment for, or the provision of any benefits with respect to, any course or other education involving sports, games, or hobbies. ``(2) Employee.--The term `employee' includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(3) Employer.--An individual who owns the entire interest in an unincorporated trade or business shall be treated as the individual's own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (2). ``(4) Qualifying child.--For purposes of this section-- ``(A) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. ``(B) Exception for certain noncitizens.--The term `qualifying child' shall not include any individual who would not be a dependent if subparagraph (A) of section 152(b)(3) were applied without regard to all that follows `resident of the United States'. ``(5) Attribution rules.-- ``(A) Ownership of stock.--Ownership of stock in a corporation shall be determined in accordance with the rules provided under subsections (d) and (e) of section 1563 (without regard to section 1563(e)(3)(C)). ``(B) Interest in unincorporated trade or business.--The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). ``(6) Denial of double benefit.--No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from income by reason of this section. ``(d) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 127 the following new item: ``Sec. 128. Children's educational assistance programs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 6. TEMPORARY INCREASE IN CONTRIBUTION LIMIT FOR COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Increased Contribution Limit To Combat Pandemic-Induced Learning Loss.--In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting `$4,000' for `$2,000'.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after December 31, 2021. SEC. 7. SPECIAL RULES FOR QUALIFIED TUITION PROGRAMS. (a) In General.--Section 529 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.-- ``(1) In general.--In the case of any taxable year beginning in 2022, 2023, or 2024-- ``(A) subsection (c)(7) shall be applied-- ``(i) by substituting `qualified expenses' for `tuition', and ``(ii) by treating qualified expenses in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law) in the same manner as expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school, and ``(B) the last sentence of subsection (e)(3) shall not apply. ``(2) Qualified expenses.--For purposes of apply paragraph (1)(A), the term `qualified expenses' means the following: ``(A) Tuition. ``(B) Curriculum and curricular materials. ``(C) Books or other instructional materials. ``(D) Online educational materials. ``(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and-- ``(i) is licensed as a teacher in any State, ``(ii) has taught at an eligible educational institution, or ``(iii) is a subject matter expert in the relevant subject. ``(F) Fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. ``(G) Fees for dual enrollment in an institution of higher education. ``(H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 8. SPECIAL TEMPORARY GIFT TAX RULES FOR COVERDELL EDUCATION SAVINGS ACCOUNTS AND QUALIFIED TUITION PROGRAMS. (a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. (b) Qualified Tuition Programs.--Section 529 of the Internal Revenue Code of 1986, as amended by section 8, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding paragraphs (2) and (5)(B) of subsection (c), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a qualified tuition program during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2021. SEC. 9. PROHIBITION OF CONTROL OVER NONPUBLIC EDUCATION PROVIDERS; PARENTAL RIGHTS; STATE AND LOCAL AUTHORITY. (a) No Federal Control.--Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. This Act, and any amendment made by this Act, shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act, or an amendment made by this Act. (b) No Control by Entities Submitting Lists.--Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize an entity submitting a list of eligible scholarship-granting organizations on behalf of a State to mandate, direct, or control any aspect of a private or home education provider, regardless of whether or not a home education provider is treated as a private school under State law. (c) No Exclusion or Discrimination.--No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act, or an amendment made by this Act, based in whole or in part on the provider's religious education character or affiliation, including religiously or mission-based policies or practices. (d) Parental Rights To Use Scholarships.--No participating State or entity acting on behalf of a State shall disfavor or discourage the use of learning loss scholarships for the uses described in section 3(c)(4)(B), including those services provided by private or nonprofit entities, such as faith-based providers. (e) State and Local Authority.--Nothing in this Act, or an amendment made by this Act, shall be construed to modify a State or local government's authority and responsibility to fund education. <all>

Catch Up Our Kids Act of 2022

A bill to alleviate pandemic learning loss.

Catch Up Our Kids Act of 2022

Sen. Cruz, Ted

R

TX

This bill provides tax benefits to compensate for learning losses due to school closures during the COVID-19 pandemic. The bill

To alleviate pandemic learning loss. 2. The study also showed that remote instruction was a primary driver of widening academic achievement gaps. Overall, elementary and secondary school learning loss could result in a $2,000,000,000,000 decline in lifetime earnings. 3. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. (B) Use of funds.--A parent or legal guardian of an eligible student who receives a learning loss scholarship may use the scholarship on behalf of the eligible student for any of the following: (i) Tuition for enrollment at an elementary school or secondary school, including at a private elementary school or secondary school. (ii) Tutoring services. (iv) Books, instructional materials, or online educational materials. 4. LEARNING LOSS TAX CREDIT. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means a citizen or national of the United States. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. 25E. 5. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. CHILDREN'S EDUCATIONAL ASSISTANCE PROGRAMS. ``(a) Exclusion From Gross Income.-- ``(1) In general.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for educational assistance to the employee's qualifying child if the assistance is furnished pursuant to a program which is described in subsection (b). A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (2). ``(B) Interest in unincorporated trade or business.--The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). ``(d) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. 128. 6. TEMPORARY INCREASE IN CONTRIBUTION LIMIT FOR COVERDELL EDUCATION SAVINGS ACCOUNTS. 7. SPECIAL RULES FOR QUALIFIED TUITION PROGRAMS. ``(F) Fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. 8. SEC. 9. This Act, and any amendment made by this Act, shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act, or an amendment made by this Act.

To alleviate pandemic learning loss. 2. The study also showed that remote instruction was a primary driver of widening academic achievement gaps. Overall, elementary and secondary school learning loss could result in a $2,000,000,000,000 decline in lifetime earnings. 3. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (B) Use of funds.--A parent or legal guardian of an eligible student who receives a learning loss scholarship may use the scholarship on behalf of the eligible student for any of the following: (i) Tuition for enrollment at an elementary school or secondary school, including at a private elementary school or secondary school. (ii) Tutoring services. (iv) Books, instructional materials, or online educational materials. 4. LEARNING LOSS TAX CREDIT. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means a citizen or national of the United States. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. 5. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. CHILDREN'S EDUCATIONAL ASSISTANCE PROGRAMS. ``(a) Exclusion From Gross Income.-- ``(1) In general.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for educational assistance to the employee's qualifying child if the assistance is furnished pursuant to a program which is described in subsection (b). ``(d) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. 6. TEMPORARY INCREASE IN CONTRIBUTION LIMIT FOR COVERDELL EDUCATION SAVINGS ACCOUNTS. 7. SPECIAL RULES FOR QUALIFIED TUITION PROGRAMS. ``(F) Fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. 8. SEC. This Act, and any amendment made by this Act, shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act, or an amendment made by this Act.

To alleviate pandemic learning loss. SHORT TITLE. This Act may be cited as the ``Catch Up Our Kids Act of 2022''. 2. To date, schools have not been proven to be major spreaders of COVID-19. (5) The Harvard University study showed that high-poverty districts and districts that serve predominately Black and Hispanic students were more likely to have remote instruction. The study also showed that remote instruction was a primary driver of widening academic achievement gaps. Overall, elementary and secondary school learning loss could result in a $2,000,000,000,000 decline in lifetime earnings. 3. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (b) Transfer of Unobligated Funds.--The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act (Public Law 116-136), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116-260), and section 2001 of the American Rescue Plan Act of 2021 (20 U.S.C. (4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. (B) Use of funds.--A parent or legal guardian of an eligible student who receives a learning loss scholarship may use the scholarship on behalf of the eligible student for any of the following: (i) Tuition for enrollment at an elementary school or secondary school, including at a private elementary school or secondary school. (ii) Tutoring services. (iv) Books, instructional materials, or online educational materials. 4. LEARNING LOSS TAX CREDIT. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means a citizen or national of the United States. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. 25E. 5. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. CHILDREN'S EDUCATIONAL ASSISTANCE PROGRAMS. ``(a) Exclusion From Gross Income.-- ``(1) In general.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for educational assistance to the employee's qualifying child if the assistance is furnished pursuant to a program which is described in subsection (b). The term `educational assistance' does not include any payment for, or the provision of any benefits with respect to, any course or other education involving sports, games, or hobbies. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (2). ``(B) Interest in unincorporated trade or business.--The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). ``(d) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. 128. 6. TEMPORARY INCREASE IN CONTRIBUTION LIMIT FOR COVERDELL EDUCATION SAVINGS ACCOUNTS. 7. SPECIAL RULES FOR QUALIFIED TUITION PROGRAMS. ``(B) Curriculum and curricular materials. ``(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and-- ``(i) is licensed as a teacher in any State, ``(ii) has taught at an eligible educational institution, or ``(iii) is a subject matter expert in the relevant subject. ``(F) Fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. ``(G) Fees for dual enrollment in an institution of higher education. ``(H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies.''. 8. SEC. 9. PROHIBITION OF CONTROL OVER NONPUBLIC EDUCATION PROVIDERS; PARENTAL RIGHTS; STATE AND LOCAL AUTHORITY. This Act, and any amendment made by this Act, shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act, or an amendment made by this Act.

To alleviate pandemic learning loss. SHORT TITLE. This Act may be cited as the ``Catch Up Our Kids Act of 2022''. 2. FINDINGS. To date, schools have not been proven to be major spreaders of COVID-19. (5) The Harvard University study showed that high-poverty districts and districts that serve predominately Black and Hispanic students were more likely to have remote instruction. The study also showed that remote instruction was a primary driver of widening academic achievement gaps. (7) In mathematics, studies show that students who attended mostly in-person instruction during the 2020-2021 school year lost approximately 20 percent worth of a typical school year's mathematics learning. Overall, elementary and secondary school learning loss could result in a $2,000,000,000,000 decline in lifetime earnings. (12) All levels of government, elected officials, and those working in education must make it a priority to pursue parent- driven and directed policies to help students catch up from pandemic-related learning loss and close achievement gaps. 3. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). (b) Transfer of Unobligated Funds.--The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act (Public Law 116-136), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116-260), and section 2001 of the American Rescue Plan Act of 2021 (20 U.S.C. (2) Applications.--A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. 6311 et seq.) (4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. (B) Use of funds.--A parent or legal guardian of an eligible student who receives a learning loss scholarship may use the scholarship on behalf of the eligible student for any of the following: (i) Tuition for enrollment at an elementary school or secondary school, including at a private elementary school or secondary school. (ii) Tutoring services. (iv) Books, instructional materials, or online educational materials. 4. LEARNING LOSS TAX CREDIT. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means a citizen or national of the United States. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. 25E. 5. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. CHILDREN'S EDUCATIONAL ASSISTANCE PROGRAMS. ``(a) Exclusion From Gross Income.-- ``(1) In general.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for educational assistance to the employee's qualifying child if the assistance is furnished pursuant to a program which is described in subsection (b). For purposes of this paragraph, there shall be excluded from consideration employees not included in the program who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that children's educational assistance benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. The term `educational assistance' does not include any payment for, or the provision of any benefits with respect to, any course or other education involving sports, games, or hobbies. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (2). ``(B) Interest in unincorporated trade or business.--The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). ``(d) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. 128. 6. TEMPORARY INCREASE IN CONTRIBUTION LIMIT FOR COVERDELL EDUCATION SAVINGS ACCOUNTS. 7. SPECIAL RULES FOR QUALIFIED TUITION PROGRAMS. ``(B) Curriculum and curricular materials. ``(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and-- ``(i) is licensed as a teacher in any State, ``(ii) has taught at an eligible educational institution, or ``(iii) is a subject matter expert in the relevant subject. ``(F) Fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. ``(G) Fees for dual enrollment in an institution of higher education. ``(H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies.''. 8. SEC. 9. PROHIBITION OF CONTROL OVER NONPUBLIC EDUCATION PROVIDERS; PARENTAL RIGHTS; STATE AND LOCAL AUTHORITY. This Act, and any amendment made by this Act, shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act, or an amendment made by this Act.

To alleviate pandemic learning loss. 3) There is no scientific evidence that showed elementary or secondary schools to be vectors for community spread, nor that school-aged children were uniquely vulnerable to the COVID-19 virus. (6) The achievement gaps and learning loss have proven remote instruction to be a failure. ( 7) In mathematics, studies show that students who attended mostly in-person instruction during the 2020-2021 school year lost approximately 20 percent worth of a typical school year's mathematics learning. (12) All levels of government, elected officials, and those working in education must make it a priority to pursue parent- driven and directed policies to help students catch up from pandemic-related learning loss and close achievement gaps. 2) Scholarship-granting organization.--The term ``scholarship-granting organization'' means an organization that-- (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) provides learning loss scholarships to eligible students who-- (i) reside in the State in which the organization is recognized; or (ii) in the case in which the organization received a subgrant from the Bureau of Indian Education, are members of a federally recognized Indian Tribe. ( (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). ( 3) Allocations to states.--The amount of each grant under paragraph (1) shall be allocated by the Secretary to each State in the same proportion as each State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) (4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( iv) Books, instructional materials, or online educational materials. ( ``(a) Allowance of Credit.--In the case of a taxpayer who is an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to $1,200. ``(d) Qualifying Child.--For purposes of this section-- ``(1) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. ``(e) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. ``(b) Children's Educational Assistance Program.-- ``(1) In general.--For purposes of this section, a children's educational assistance program is a separate written plan of an employer for the exclusive benefit of the employees of the employer to provide such employees' children with educational assistance. For purposes of this paragraph, there shall be excluded from consideration employees not included in the program who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that children's educational assistance benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. ``(5) Notification of employees.--Reasonable notification of the availability and terms of the program must be provided to eligible employees. The term `educational assistance' does not include any payment for, or the provision of any benefits with respect to, any course or other education involving sports, games, or hobbies. ``(2) Employee.--The term `employee' includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (2). ``(B) Exception for certain noncitizens.--The term `qualifying child' shall not include any individual who would not be a dependent if subparagraph (A) of section 152(b)(3) were applied without regard to all that follows `resident of the United States'. ``(6) Denial of double benefit.--No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from income by reason of this section. a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Increased Contribution Limit To Combat Pandemic-Induced Learning Loss.--In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting `$4,000' for `$2,000'.''. ( ``(2) Qualified expenses.--For purposes of apply paragraph (1)(A), the term `qualified expenses' means the following: ``(A) Tuition. ``(B) Curriculum and curricular materials. ``(G) Fees for dual enrollment in an institution of higher education. a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2021. a) No Federal Control.--Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. (b) No Control by Entities Submitting Lists.--Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize an entity submitting a list of eligible scholarship-granting organizations on behalf of a State to mandate, direct, or control any aspect of a private or home education provider, regardless of whether or not a home education provider is treated as a private school under State law. ( c) No Exclusion or Discrimination.--No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act, or an amendment made by this Act, based in whole or in part on the provider's religious education character or affiliation, including religiously or mission-based policies or practices. (

To alleviate pandemic learning loss. 4) According to a study done by the Harvard University Center for Education Policy Research, 30 percent of students in elementary and secondary schools during the 2020-2021 school year attended schools that conducted classes remotely for more than 16 weeks. ( 8) According to a McKinsey study, on average, students in elementary and secondary schools are 3 months behind in reading as a result of the pandemic school disruptions. ( Low- income, Black, and Hispanic students fell further behind compared to White, Asian, and high-income students. ( 11) If pandemic learning loss is permanent, studies show that students who attend high-poverty schools may see a decline of 5 percent in average earnings over their lifetimes. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). ( in the most recent fiscal year. ( 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( (v) Educational therapies, including educational therapies and services for students with disabilities. ( LEARNING LOSS TAX CREDIT. ( ``(d) Qualifying Child.--For purposes of this section-- ``(1) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. EXCLUSION FOR EMPLOYEE CHILD EDUCATIONAL ASSISTANCE. ( ``(b) Children's Educational Assistance Program.-- ``(1) In general.--For purposes of this section, a children's educational assistance program is a separate written plan of an employer for the exclusive benefit of the employees of the employer to provide such employees' children with educational assistance. The program must meet the requirements of paragraphs (2) through (6) of this subsection. ``(2) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are highly compensated employees (within the meaning of section 414(q)) or their dependents. The term `educational assistance' does not include any payment for, or the provision of any benefits with respect to, any course or other education involving sports, games, or hobbies. ``(4) Qualifying child.--For purposes of this section-- ``(A) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 127 the following new item: ``Sec. a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Increased Contribution Limit To Combat Pandemic-Induced Learning Loss.--In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting `$4,000' for `$2,000'.''. ( ``(B) Curriculum and curricular materials. ``(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and-- ``(i) is licensed as a teacher in any State, ``(ii) has taught at an eligible educational institution, or ``(iii) is a subject matter expert in the relevant subject. a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. ( (a) No Federal Control.--Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. c) No Exclusion or Discrimination.--No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act, or an amendment made by this Act, based in whole or in part on the provider's religious education character or affiliation, including religiously or mission-based policies or practices. (

To alleviate pandemic learning loss. 4) According to a study done by the Harvard University Center for Education Policy Research, 30 percent of students in elementary and secondary schools during the 2020-2021 school year attended schools that conducted classes remotely for more than 16 weeks. ( 8) According to a McKinsey study, on average, students in elementary and secondary schools are 3 months behind in reading as a result of the pandemic school disruptions. ( Low- income, Black, and Hispanic students fell further behind compared to White, Asian, and high-income students. ( 11) If pandemic learning loss is permanent, studies show that students who attend high-poverty schools may see a decline of 5 percent in average earnings over their lifetimes. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). ( in the most recent fiscal year. ( 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( (v) Educational therapies, including educational therapies and services for students with disabilities. ( LEARNING LOSS TAX CREDIT. ( ``(d) Qualifying Child.--For purposes of this section-- ``(1) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. EXCLUSION FOR EMPLOYEE CHILD EDUCATIONAL ASSISTANCE. ( ``(b) Children's Educational Assistance Program.-- ``(1) In general.--For purposes of this section, a children's educational assistance program is a separate written plan of an employer for the exclusive benefit of the employees of the employer to provide such employees' children with educational assistance. The program must meet the requirements of paragraphs (2) through (6) of this subsection. ``(2) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are highly compensated employees (within the meaning of section 414(q)) or their dependents. The term `educational assistance' does not include any payment for, or the provision of any benefits with respect to, any course or other education involving sports, games, or hobbies. ``(4) Qualifying child.--For purposes of this section-- ``(A) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 127 the following new item: ``Sec. a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Increased Contribution Limit To Combat Pandemic-Induced Learning Loss.--In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting `$4,000' for `$2,000'.''. ( ``(B) Curriculum and curricular materials. ``(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and-- ``(i) is licensed as a teacher in any State, ``(ii) has taught at an eligible educational institution, or ``(iii) is a subject matter expert in the relevant subject. a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. ( (a) No Federal Control.--Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. c) No Exclusion or Discrimination.--No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act, or an amendment made by this Act, based in whole or in part on the provider's religious education character or affiliation, including religiously or mission-based policies or practices. (

To alleviate pandemic learning loss. 7) In mathematics, studies show that students who attended mostly in-person instruction during the 2020-2021 school year lost approximately 20 percent worth of a typical school year's mathematics learning. ( ( (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). ( 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( ``(d) Qualifying Child.--For purposes of this section-- ``(1) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. ``(e) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. For purposes of this paragraph, there shall be excluded from consideration employees not included in the program who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that children's educational assistance benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. ``(2) Employee.--The term `employee' includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Increased Contribution Limit To Combat Pandemic-Induced Learning Loss.--In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting `$4,000' for `$2,000'.''. ( a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2021. a) No Federal Control.--Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. (

To alleviate pandemic learning loss. 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( ( v) Educational therapies, including educational therapies and services for students with disabilities. ( ( ``(b) Children's Educational Assistance Program.-- ``(1) In general.--For purposes of this section, a children's educational assistance program is a separate written plan of an employer for the exclusive benefit of the employees of the employer to provide such employees' children with educational assistance. ``(2) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are highly compensated employees (within the meaning of section 414(q)) or their dependents. a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. ( ( c) No Exclusion or Discrimination.--No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act, or an amendment made by this Act, based in whole or in part on the provider's religious education character or affiliation, including religiously or mission-based policies or practices. (

To alleviate pandemic learning loss. 7) In mathematics, studies show that students who attended mostly in-person instruction during the 2020-2021 school year lost approximately 20 percent worth of a typical school year's mathematics learning. ( ( (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Department of the Interior (acting through the Bureau of Indian Education). ( 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( ``(d) Qualifying Child.--For purposes of this section-- ``(1) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) for whom the taxpayer is allowed a deduction under section 151 for the taxable year and who is eligible to attend elementary or secondary school within the State in which the taxpayer resides for all or a portion of the taxable year. ``(e) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. For purposes of this paragraph, there shall be excluded from consideration employees not included in the program who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that children's educational assistance benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. ``(2) Employee.--The term `employee' includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Increased Contribution Limit To Combat Pandemic-Induced Learning Loss.--In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting `$4,000' for `$2,000'.''. ( a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2021. a) No Federal Control.--Nothing in this Act, or an amendment made by this Act, shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home education provider, whether or not a home education provider is treated as a private school or home school under State law. (

To alleviate pandemic learning loss. 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( ( v) Educational therapies, including educational therapies and services for students with disabilities. ( ( ``(b) Children's Educational Assistance Program.-- ``(1) In general.--For purposes of this section, a children's educational assistance program is a separate written plan of an employer for the exclusive benefit of the employees of the employer to provide such employees' children with educational assistance. ``(2) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are highly compensated employees (within the meaning of section 414(q)) or their dependents. a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. ( ( c) No Exclusion or Discrimination.--No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act, or an amendment made by this Act, based in whole or in part on the provider's religious education character or affiliation, including religiously or mission-based policies or practices. (

To alleviate pandemic learning loss. 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( ``(e) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Increased Contribution Limit To Combat Pandemic-Induced Learning Loss.--In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting `$4,000' for `$2,000'.''. ( a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2021.

To alleviate pandemic learning loss. 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( ( v) Educational therapies, including educational therapies and services for students with disabilities. ( ( ``(b) Children's Educational Assistance Program.-- ``(1) In general.--For purposes of this section, a children's educational assistance program is a separate written plan of an employer for the exclusive benefit of the employees of the employer to provide such employees' children with educational assistance. ``(2) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees who are highly compensated employees (within the meaning of section 414(q)) or their dependents. a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. ( ( c) No Exclusion or Discrimination.--No participating State or entity acting on behalf of a State shall exclude, discriminate against, or otherwise disadvantage any education provider with respect to programs or services under this Act, or an amendment made by this Act, based in whole or in part on the provider's religious education character or affiliation, including religiously or mission-based policies or practices. (

To alleviate pandemic learning loss. 4) Subgrants to scholarship-granting organizations.-- (A) In general.--A State that receives a grant under this section shall award subgrants to scholarship-granting organizations to enable the scholarship-granting organization to award learning loss scholarships to the parents or legal guardians of eligible students. ( ``(e) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Increased Contribution Limit To Combat Pandemic-Induced Learning Loss.--In the case of any taxable year beginning in 2022, 2023, or 2024, subsection (b)(1)(A)(iii) shall be applied by substituting `$4,000' for `$2,000'.''. ( a) Coverdell Education Savings Accounts.--Section 530 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: ``(h) Special Temporary Rules To Combat Pandemic-Induced Learning Loss.--Notwithstanding subsection (d)(3), in the case of any taxable year beginning in 2022, 2023, or 2024, any contribution to a Coverdell education savings account during such taxable year on behalf of any designated beneficiary shall not be treated as a gift for purposes of chapters 12 and 13.''. c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2021.

Catch Up Our Kids Act of 2022 - Authorizes the Secretary of Education to make unobligated education funds available to assist students affected by the COVID-19 pandemic in providing learning loss scholarships to eligible students who reside in the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands. (Currently, such Amends the Internal Revenue Code to allow a taxpayer who is an eligible individual a tax credit for up to $1,200 of the cost of tuition for an eligible student who receives a learning loss scholarship to use the scholarship on behalf of the student for any of the following: (1) tuition for enrollment at an elementary school or secondary school, including at a private elementary school; ( Amends the Internal Revenue Code to: (1) increase the contribution limit for tax-exempt 529 education savings accounts; and (2) provide for a special program to provide educational assistance to qualifying children of employees. (Sec. 6) Terminates such program after December 31, 2024.(Sec. 7) Amends the Employee Retirement Income Security Act of 1974 (ERISA) Amends the Internal Revenue Code to: (1) prohibit contributions to a Coverdell education savings account or a qualified tuition program from being treated as a gift; and (2) prohibit the use of learning loss scholarships by parents. (Sec. 9) Prohibits a state or local government from restricting the use or distribution of such scholarships.

H.R.210

Science, Technology, Communications

Rural STEM Education Research Act This bill specifies federal scientific research and development efforts towards STEM (science, technology, engineering, and mathematics, including computer science) workforce development and rural STEM education. (Sec. 3) The bill amends the objectives of the Manufacturing Extension Partnership program to include The activities of a manufacturing extension center are expanded to include local high schools in the facilitation of collaborations and partnerships between manufacturing companies and schools to help those entities better understand the specific needs of manufacturers and to help manufacturers better understand the skill sets that students learn in school programs. The National Institute of Standards and Technology (NIST) must award prizes to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. NIST may award not more than a total of $5 million in prizes. (Sec. 4) The Office of Science and Technology Policy must establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. (Sec. 5) The National Science Foundation (NSF) shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences agrees to evaluate aspects of STEM education and workforce development in rural areas. (Sec. 6) The Government Accountability Office shall conduct a study on the engagement of rural populations in federal STEM programs. (Sec. 7) Experimental Program to Stimulate Competitive Research (EPSCoR) programs shall consider modifications to award structures to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students and teachers. (Sec. 8) The NSF must award grants to institutions of higher education or nonprofit organizations for (1) research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools, (2) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education, (3) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies, and (4) research on online STEM education courses for rural communities. The NSF may establish a pilot program of regional cohorts in rural areas to provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12 in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry.

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural STEM Education Research Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. (2) According to the Bureau of Labor Statistics, the United States will need one million additional STEM professionals than it is on track to produce in the coming decade. (3) Many STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM jobs. (4) The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM. (5) According to the National Center for Education Statistics, nine million students in the United States--nearly 20 percent of the total K-12 population--attend rural schools, and for reasons ranging from teacher quality to shortages of resources, these students often have fewer opportunities for high-quality STEM learning than their peers in the Nation's urban and suburban schools. (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. (7) The study of agriculture, food, and natural resources involves biology, engineering, physics, chemistry, math, geology, computer science, and other scientific fields. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. To help meet this demand, it is important rural students have the opportunity to acquire computing skills through exposure to computer science learning in grades Pre-K through 12 and in informal learning settings. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. Rural areas are hardest hit, with over 26 percent of individuals in rural areas in the United States lacking access to high-speed broadband compared to 1.7 percent of individuals in urban areas in the United States. SEC. 3. NIST ENGAGEMENT WITH RURAL COMMUNITIES. (a) MEP Outreach.--Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended-- (1) in subsection (c)-- (A) in paragraph (6), by striking ``community colleges and area career and technical education schools'' and inserting the following: ``secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local colleges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (b) Rural Connectivity Prize Competition.-- (1) Prize competition.--Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology (referred to in this subsection as the ``Secretary''), shall, subject to appropriations, carry out a program to award prizes competitively to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. (2) Plan for deployment in rural communities.--Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an underserved rural community. (3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. (5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. SEC. 4. NITR-D BROADBAND WORKING GROUP. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following: ``SEC. 103. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. ``(a) In General.--The Director shall establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. ``(b) Activities.--The working group shall identify and coordinate key research priorities for addressing broadband access and adoption, including-- ``(1) promising research areas; ``(2) requirements for data collection and sharing; ``(3) opportunities for better alignment and coordination across Federal agencies and external stakeholders; and ``(4) input on the development of new Federal policies and programs to enhance data collection and research. ``(c) Coordination.--The working group shall coordinate, as appropriate, with the Rural Broadband Integration Working Group established under section 6214 of the Agriculture Improvement Act of 2018 (Public Law 115-334) and the National Institute of Food and Agriculture of the Department of Agriculture. ``(d) Report.--The working group shall report to Congress on their activities as part of the annual report submitted under section 101(a)(2)(D). ``(e) Sunset.--The authority to carry out this section shall terminate on the date that is 5 years after the date of enactment of the Rural STEM Education Act.''. SEC. 5. NATIONAL ACADEMY OF SCIENCES EVALUATION. (a) Study.--Not later than 12 months after the date of enactment of this Act, the Director shall enter into an agreement with the National Academy of Sciences under which the National Academy agrees to conduct an evaluation and assessment that-- (1) evaluates the quality and quantity of current Federal programming and research directed at examining STEM education for students in grades Pre-K through 12 and workforce development in rural areas; (2) assesses the impact of the scarcity of broadband connectivity in rural communities has on STEM and technical literacy for students in grades Pre-K through 12 in rural areas; (3) assesses the core research and data needed to understand the challenges rural areas are facing in providing quality STEM education and workforce development; and (4) makes recommendations for action at the Federal, State, and local levels for improving STEM education for students in grades Pre-K through 12 and workforce development in rural areas. (b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. SEC. 6. GAO REVIEW. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the engagement of rural populations in Federal STEM programs and submit to Congress a report that includes-- (1) an assessment of how Federal STEM education programs are serving rural populations; (2) a description of initiatives carried out by Federal agencies that are targeted at supporting STEM education in rural areas; (3) an assessment of what is known about the impact and effectiveness of Federal investments in STEM education programs that are targeted to rural areas; and (4) an assessment of challenges that state and Federal STEM education programs face in reaching rural population centers. SEC. 7. CAPACITY BUILDING THROUGH EPSCOR. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. SEC. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (a) Preparing Rural STEM Educators.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) engaging rural educators of students in grades Pre-K through 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal Laboratories, institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this subsection. (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. (b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students; (ii) supporting research on effective STEM practices in rural settings; (iii) implementing a school-wide STEM approach; (iv) improving the National Science Foundation's Advanced Technology Education program's coordination and engagement with rural communities; (v) collaborating with existing community partners and networks, such as the cooperative research and extension services of the Department of Agriculture and youth serving organizations like 4-H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming; (vi) connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement; (vii) supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in grades Pre-K through 12 in a rural area; (viii) evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students; (ix) building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during nonschool hours, STEM networks, makerspaces, coding activities, and competitions; and (x) any other activity the Director determines will accomplish the goals of this subsection. (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following: (1) A description of the target population to be served by the research activity or activities for which such grant is sought. (2) A description of the process for recruitment and selection of students, educators, or schools from rural areas to participate in such activity or activities. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (d) Partnerships.--In awarding grants under subsection (a) or (b), the Director shall-- (1) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in grades Pre-K through 12 in STEM; (2) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a consortium of rural schools or rural school districts; and (3) encourage applications which, for the purpose of the activity or activities funded through the grant, include commitments from school principals and administrators to making reforms and activities proposed by the applicant a priority. (e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student's pursuit of degrees or careers in STEM. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (g) Report by Committee on Equal Opportunities in Science and Engineering.-- (1) In general.--As part of the first report required by section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)) transmitted to Congress after the date of enactment of this Act, the Committee on Equal Opportunities in Science and Engineering shall include-- (A) a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; and (B) an assessment of trends in participation of rural students in grades Pre-K through 12 in Foundation activities, and an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goals of this Act. (2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. (B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). (h) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Director-- (1) $8,000,000 to carry out the activities under subsection (a) for each of fiscal years 2022 through 2026; and (2) $12,000,000 to carry out the activities under subsection (b) for each of fiscal years 2022 through 2026. SEC. 9. RESEARCHING OPPORTUNITIES FOR ONLINE EDUCATION. (a) In General.--The Director shall, subject to appropriations, award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities. (b) Research Areas.--The research areas eligible for funding under this subsection shall include-- (1) evaluating the learning and achievement of rural students in grades Pre-K through 12 in STEM subjects; (2) understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators of rural students in grades Pre-K through 12; (3) combining computer-based and online STEM education and training with apprenticeships, mentoring, or other applied learning arrangements; (4) leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and (5) any other activity the Director determines will accomplish the goals of this subsection. (c) Evaluations.--All proposals for grants under this section shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (d) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. 10. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) STEM.--The term ``STEM'' has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note). (6) STEM education.--The term ``STEM education'' has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note). Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Rural STEM Education Research Act

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes.

Rural STEM Education Research Act Rural STEM Education Research Act Rural STEM Education Research Act

Rep. Lucas, Frank D.

R

OK

This bill specifies federal scientific research and development efforts towards STEM (science, technology, engineering, and mathematics, including computer science) workforce development and rural STEM education. (Sec. 3) The bill amends the objectives of the Manufacturing Extension Partnership program to include The activities of a manufacturing extension center are expanded to include local high schools in the facilitation of collaborations and partnerships between manufacturing companies and schools to help those entities better understand the specific needs of manufacturers and to help manufacturers better understand the skill sets that students learn in school programs. The National Institute of Standards and Technology (NIST) must award prizes to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. NIST may award not more than a total of $5 million in prizes. (Sec. 4) The Office of Science and Technology Policy must establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. (Sec. 5) The National Science Foundation (NSF) shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences agrees to evaluate aspects of STEM education and workforce development in rural areas. (Sec. 6) The Government Accountability Office shall conduct a study on the engagement of rural populations in federal STEM programs. (Sec. 7) Experimental Program to Stimulate Competitive Research (EPSCoR) programs shall consider modifications to award structures to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students and teachers. (Sec. 8) The NSF must award grants to institutions of higher education or nonprofit organizations for (1) research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools, (2) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education, (3) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies, and (4) research on online STEM education courses for rural communities. The NSF may establish a pilot program of regional cohorts in rural areas to provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12 in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry.

2. FINDINGS. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. 3. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local colleges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. 5. 6. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.

2. FINDINGS. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. 3. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local colleges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. 5. 6. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.

SHORT TITLE. 2. FINDINGS. (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. 3. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local colleges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. is amended by adding at the end the following: ``SEC. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. 5. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. 6. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) engaging rural educators of students in grades Pre-K through 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal Laboratories, institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this subsection. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). (B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. 1861). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 6621 note).

SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. 3. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local colleges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. is amended by adding at the end the following: ``SEC. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. 5. NATIONAL ACADEMY OF SCIENCES EVALUATION. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. 6. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) engaging rural educators of students in grades Pre-K through 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal Laboratories, institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this subsection. (b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). (B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. 1861). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 6621 note). Passed the House of Representatives May 18, 2021.

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. ( (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. ( 9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. b) Rural Connectivity Prize Competition.-- (1) Prize competition.--Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology (referred to in this subsection as the ``Secretary''), shall, subject to appropriations, carry out a program to award prizes competitively to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. ( 3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. ( 5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. ``(d) Report.--The working group shall report to Congress on their activities as part of the annual report submitted under section 101(a)(2)(D). ``(e) Sunset.--The authority to carry out this section shall terminate on the date that is 5 years after the date of enactment of the Rural STEM Education Act.''. (b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. ( (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. ( b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. 4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. ( Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student's pursuit of degrees or careers in STEM. ( 2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. ( 2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. ( B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). ( (i) Authorization of Appropriations.--There are authorized to be appropriated to the Director-- (1) $8,000,000 to carry out the activities under subsection (a) for each of fiscal years 2022 through 2026; and (2) $12,000,000 to carry out the activities under subsection (b) for each of fiscal years 2022 through 2026. c) Evaluations.--All proposals for grants under this section shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. ( 2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. ( (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). ( 3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. ( 4) The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM. ( (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. 2) Plan for deployment in rural communities.--Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an underserved rural community. (3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. ( 5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. NITR-D BROADBAND WORKING GROUP. b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. ( (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. ( b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. ( (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student's pursuit of degrees or careers in STEM. ( B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). (h) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. ( d) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. ( 2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). ( Passed the House of Representatives May 18, 2021.

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. ( 4) The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM. ( (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. 2) Plan for deployment in rural communities.--Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an underserved rural community. (3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. ( 5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. NITR-D BROADBAND WORKING GROUP. b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. ( (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. ( b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. ( (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student's pursuit of degrees or careers in STEM. ( B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). (h) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. ( d) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. ( 2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). ( Passed the House of Representatives May 18, 2021.

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. 6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. ( ( 3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. ( b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. ( 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. ( 4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. ( 2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. ( 2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. ( (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). ( 3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. 5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. NITR-D BROADBAND WORKING GROUP. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. ( ( e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. ( 2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. 6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. ( ( 3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. ( b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. ( 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. ( 4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. ( 2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. ( 2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. ( (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). ( 3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. 5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. NITR-D BROADBAND WORKING GROUP. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. ( ( e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. ( 2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. 6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. ( ( 3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. ( b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. ( 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. ( 4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. ( 2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. ( 2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. ( (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). ( 3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. 5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. NITR-D BROADBAND WORKING GROUP. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. ( ( e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. ( 2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. ( ( 4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. 2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. (

Rural STEM Education Research Act This bill amends the National Institute of Standards and Technology Act to direct the Department of Commerce, acting through the Under Secretary of Commerce for Standards, to award prizes competitive and reliable broadband to local high schools, community colleges, and area career and technical education schools to develop and deploy innovative technologies in order to provide access to high-speed broadband in underserved Amends the America COMPETES Reauthorization Act of 2010 to direct the Director of the National Science Foundation (NSF) to enter into an agreement with the National Academy of Sciences (NAS) to conduct an evaluation and assessment that evaluates the quality and quantity of current federal programming and research directed at examining STEM education for students in grades Pre-K through 12 and workforce development in rural Directs the Director of the National Science Foundation (NSF) to award grants for research and development activities to support: (1) partnerships with community colleges to offer advanced STEM course work to rural high school students; (2) research on effective STEM practices in rural settings; (3) implementing a school-wide STEM approach; (4) improving the NSF's Advanced Technology Education This bill directs the National Science Foundation (NSF) to award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities. Research areas eligible for funding include: (1) evaluating the learning and achievement of rural students in grades Pre-K through 12 in STEM subjects

H.R.3482

Transportation and Public Works

National Center for the Advancement of Aviation Act of 2022 This bill establishes the National Center for the Advancement of Aviation to (1) develop a skilled and robust U.S. aviation and aerospace workforce; (2) serve as a national independent forum to support collaboration and cooperation between aviation and aerospace stakeholders regarding the advancement of the U.S. aviation and aerospace workforce; and (3) serve as a repository for research conducted by institutions of higher education, research institutions, or other stakeholders regarding the aviation and aerospace workforce, or related technical and skill development. The center must perform the following duties Additionally, the center may issue grants to certain entities to

To establish the National Center for the Advancement of Aviation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for the Advancement of Aviation Act of 2022''. SEC. 2. FEDERAL CHARTER FOR THE NATIONAL CENTER FOR THE ADVANCEMENT OF AVIATION. (a) In General.--Chapter 1 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 120. National Center for the Advancement of Aviation ``(a) Federal Charter and Status.-- ``(1) In general.--The National Center for the Advancement of Aviation (in this section referred to as the `Center') is a federally chartered entity. The Center is a private independent entity, not a department, agency, or instrumentality of the United States Government or a component thereof. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(2) Perpetual existence.--Except as otherwise provided, the Center shall have perpetual existence. ``(b) Governing Body.-- ``(1) In general.--The Board of Directors (in this section referred to as the `Board') is the governing body of the Center. ``(2) Authority of powers.-- ``(A) In general.--The Board shall adopt a constitution, bylaws, regulations, policies, and procedures to carry out the purpose of the Center and may take any other action that it considers necessary (in accordance with the duties and powers of the Center) for the management and operation of the Center. The Board is responsible for the general policies and management of the Center and for the control of all funds of the Center. ``(B) Powers of board.--The Board shall have the power to do the following: ``(i) Adopt and alter a corporate seal. ``(ii) Establish and maintain offices to conduct its activities. ``(iii) Enter into contracts or agreements as a private entity not subject to the requirements of title 41. ``(iv) Acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the Center. ``(v) Publish documents and other publications in a publicly accessible manner. ``(vi) Incur and pay obligations as a private entity not subject to the requirements of title 31. ``(vii) Make or issue grants and include any conditions on such grants in furtherance of the purpose and duties of the Center. ``(viii) Perform any other act necessary and proper to carry out the purposes of the Center as described in its constitution and bylaws or duties outlined in this section. ``(3) Membership of the board.-- ``(A) In general.--The Board shall have 11 Directors as follows: ``(i) Ex-officio membership.--The following individuals, or their designees, shall be considered ex-officio members of the Board: ``(I) The Administrator of the Federal Aviation Administration. ``(II) The Executive Director, pursuant to paragraph (5)(D). ``(ii) Appointments.-- ``(I) In general.--From among those members of the public who are highly respected and have knowledge and experience in the fields of aviation, finance, or academia-- ``(aa) the Secretary of Transportation shall appoint 5 members to the Board; ``(bb) the Secretary of Defense shall appoint 1 member to the Board; ``(cc) the Secretary of Veterans Affairs shall appoint 1 member to the Board; ``(dd) the Secretary of Education shall appoint 1 member to the Board; ``(ee) the Administrator of the National Aeronautics and Space Administration shall appoint 1 member to the Board. ``(II) Terms.-- ``(aa) In general.--The members appointed under subclause (I) shall serve for a term of 3 years and may be reappointed. ``(bb) Staggering terms.-- To ensure subsequent appointments to the Board are staggered, of the 9 members first appointed under subclause (I), 3 shall be appointed for a term of 1 year, 3 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 years. ``(III) Consideration.--In considering whom to appoint to the Board, the Secretaries and Administrator referenced in subclause (I) shall, to the maximum extent practicable, ensure the overall composition of the Board adequately represents the fields of aviation and academia. ``(B) Vacancies.--A vacancy on the Board shall be filled in the same manner as the initial appointment. ``(C) Status.--All Members of the Board shall have equal voting powers, regardless if they are ex-officio members or appointed. ``(4) Chair of the board.--The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i). ``(5) Administrative matters.-- ``(A) Meetings.-- ``(i) In general.--The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means. ``(ii) Open.-- ``(I) In general.--Except as provided in subclause (II), a meeting of the Board shall be open to the public. ``(II) Exception.--A meeting, or any portion of a meeting, may be closed if the Board, in public session, votes to close the meeting because the matters to be discussed-- ``(aa) relate solely to the internal personnel rules and practices of the Center; ``(bb) may result in disclosure of commercial or financial information obtained from a person that is privileged or confidential; ``(cc) may disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; or ``(dd) are matters that are specifically exempted from disclosure by Federal or State law. ``(iii) Public announcement.--At least 1 week before a meeting of the Board, and as soon as practicable thereafter if there are any changes to the information described in subclauses (I) through (III), the Board shall make a public announcement of the meeting that describes-- ``(I) the time, place, and subject matter of the meeting; ``(II) whether the meeting is to be open or closed to the public; and ``(III) the name and appropriate contact information of a person who can respond to requests for information about the meeting. ``(iv) Record.--The Board shall keep a transcript of minutes from each Board meeting. Such transcript shall be made available to the public in an accessible format, except for portions of the meeting that are closed pursuant to subparagraph (A)(ii)(II). ``(B) Quorum.--A majority of members of the Board shall constitute a quorum. ``(C) Restriction.--No member of the Board shall participate in any proceeding, application, ruling or other determination, contract claim, scholarship award, controversy, or other matter in which the member, the member's employer or prospective employer, or the member's spouse, partner, or minor child has a direct financial interest. Any person who violates this subparagraph may be fined not more than $10,000, imprisoned for not more than 2 years, or both. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(E) Appointment of personnel.--The Board shall designate to the Executive Director the authority to appoint additional personnel as the Board considers appropriate and necessary to carry out the purposes and duties of the Center. ``(F) Public information.--Nothing in this section may be construed to withhold disclosure of information or records that are subject to disclosure under section 552 of title 5. ``(c) Purpose of the Center.--The purpose of the Center is to-- ``(1) develop a skilled and robust U.S. aviation and aerospace workforce; ``(2) provide a forum to support collaboration and cooperation between governmental, non-governmental, and private aviation and aerospace sector stakeholders regarding the advancement of the U.S. aviation and aerospace workforce, including general, business, and commercial aviation, education, labor, manufacturing and international organizations; and ``(3) serve as a repository for research conducted by institutions of higher education, research institutions, or other stakeholders regarding the aviation and aerospace workforce, or related technical and skill development. ``(d) Duties of the Center.--In order to accomplish the purpose described in subsection (c), the Center shall perform the following duties: ``(1) Improve access to aviation and aerospace education and related skills training to help grow the U.S. aviation and aerospace workforce, including-- ``(A) assessing the current U.S. aviation and aerospace workforce challenges and identifying actions to address these challenges, including by developing a comprehensive workforce strategy; ``(B) establishing scholarship, apprenticeship, internship or mentorship programs for individuals who wish to pursue a career in an aviation- or aerospace- related field, including individuals in economically disadvantaged areas or individuals who are members of underrepresented groups in the aviation and aerospace sector; ``(C) supporting the development of aviation and aerospace education curricula, including syllabi, training materials, and lesson plans, for use by middle schools and high schools, institutions of higher education, secondary education institutions, or technical training and vocational schools; and ``(D) building awareness of youth-oriented aviation and aerospace programs and other outreach programs. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(3) Amplify and support the research and development efforts conducted as part of the National Aviation Research Plan, as required under section 44501(c), and work done at the Centers of Excellence and Technical Centers of the Federal Aviation Administration regarding the aviation and aerospace workforce, or related technical and skills development, including organizing and hosting symposiums, conferences, and other forums as appropriate, between the Federal Aviation Administration, aviation and aerospace stakeholders, and other interested parties, to discuss current and future research efforts and technical work. ``(e) Grants.-- ``(1) In general.--In order to accomplish the purpose under subsection (c) and duties under subsection (d), the Center may issue grants to eligible entities to-- ``(A) create, develop, deliver, or update-- ``(i) middle and high school aviation curricula, including syllabi, training materials, equipment and lesson plans, that are designed to prepare individuals to become aircraft pilots, aerospace engineers, unmanned aircraft system operators, aviation maintenance technicians, or other aviation maintenance professionals, or to support the continuing education of any of the aforementioned individuals; or ``(ii) aviation curricula, including syllabi, training materials, equipment and lesson plans, used at institutions of higher education, secondary education institutions, or by technical training and vocational schools, that are designed to prepare individuals to become aircraft pilots, aerospace engineers, unmanned aircraft system operators, aviation maintenance technicians, or other aviation maintenance professionals, or to refresh the knowledge of any of the aforementioned individuals; or ``(B) support the professional development of educators using the curriculum in subparagraph (A); ``(C) establish new education programs that teach technical skills used in aviation maintenance, including purchasing equipment, or to improve existing programs; ``(D) establish scholarships, internships or apprenticeships for individuals pursuing employment in the aviation maintenance industry; ``(E) support outreach about educational opportunities and careers in the aviation maintenance industry, including in economically disadvantaged areas; or ``(F) support the transition to careers in aviation maintenance, including for members of the Armed Forces. ``(2) Eligible entities.--An eligible entity under this subsection includes-- ``(A) an air carrier, as defined in section 40102, an air carrier engaged in intrastate or intra-U.S. territorial operations, an air carrier engaged in commercial operations covered by part 135 or part 91 of title 14, Code of Federal Regulations, operations, or a labor organization representing aircraft pilots; ``(B) an accredited institution of higher education or a high school or secondary school (as defined in section 8101 of the Higher Education Act of 1965 (20 U.S.C. 7801)); ``(C) a flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations; ``(D) a State or local governmental entity; or ``(E) an organization representing aircraft users, aircraft owners, or aircraft pilots; ``(F) a holder of a certificate issued under part 21, 121, 135, or 145 of title 14, Code of Federal Regulations or a labor organization representing aviation maintenance workers; or ``(G) other organizations at the discretion of the Board. ``(3) Limitation.--No organization that receives a grant under this section may sell or make a profit from the creation, development, delivery, or updating of high school aviation curricula. ``(f) Administrative Matters of the Center.-- ``(1) Detailees.-- ``(A) In general.--At the request of the Center, the head of any Federal agency or department may, at the discretion of such agency or department, detail to the Center, on a reimbursable basis, any employee of the agency or department. ``(B) Civil servant status.--The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege. ``(2) Names and symbols.--The Center may accept, retain, and use proceeds derived from the Center's use of the exclusive right to use its name and seal, emblems, and badges incorporating such name as lawfully adopted by the Board in furtherance of the purpose and duties of the Center. ``(3) Gifts, grants, bequests, and devises.--The Center may accept, retain, use, and dispose of gifts, grants, bequests, or devises of money, services, or property from any public or private source for the purpose of covering the costs incurred by the Center in furtherance of the purpose and duties of the Center. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(g) Restrictions of the Center.-- ``(1) Profit.--The Center may not engage in business activity for profit. ``(2) Stocks and dividends.--The Center may not issue any shares of stock or declare or pay any dividends. ``(3) Political activities.--The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. The Center may not engage in activities that are, directly, or indirectly, intended to be or likely to be perceived as advocating or influencing the legislative process. ``(4) Distribution of income or assets.--The assets of the Center may not inure to the benefit of any member of the Board, or any officer or employee of the Center or be distributed to any person. This subsection does not prevent the payment of reasonable compensation to any officer, employee, or other person or reimbursement for actual and necessary expenses in amounts approved by the Board. ``(5) Loans.--The Center may not make a loan to any member of the Board or any officer or employee of the Center. ``(6) No claim of governmental approval or authority.--The Center may not claim approval of Congress or of the authority of the United States for any of its activities. ``(h) Advisory Committee.-- ``(1) In general.--The Executive Director shall appoint members to an advisory committee subject to approval by the Board. Members of the Board may not sit on the advisory committee. ``(2) Membership.--The advisory committee shall consist of 15 members who represent various aviation industry and labor stakeholders, stakeholder associations, and others as determined appropriate by the Board. The advisory committee shall select a Chair and Vice Chair from among its members by majority vote. Members of the advisory committee shall be appointed for a term of 5 years. ``(3) Duties.--The advisory committee shall-- ``(A) provide recommendations to the Board on an annual basis regarding the priorities for the activities of the Center; ``(B) consult with the Board on an ongoing basis regarding the appropriate powers of the Board to accomplish the purposes and duties of the Center; ``(C) provide relevant data and information to the Center in order to carry out the duties set forth in subsection (d); and ``(D) nominate United States citizens for consideration by the Board to be honored annually by the Center for such citizens' efforts in promoting U.S. aviation or aviation education and enhancing the aviation workforce in the United States. ``(4) Meetings.--The provisions for meetings of the Board under subsection (b)(5) shall apply as similarly as is practicable to meetings of the advisory committee. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(2) Membership.--Any working group established by the Board shall have members representing various aviation industry and labor stakeholders, stakeholder associations, and others, as determined appropriate by the Board. Once established, the membership of such working group shall choose a Chair from among the members of the working group by majority vote. ``(3) Termination.--Unless determined otherwise by the Board, any working group established by the Board under this subsection shall be constituted for a time period of not more than 3 years. ``(j) Records of Accounts.--The Center shall keep correct and complete records of accounts. ``(k) Duty to Maintain Tax-exempt Status.--The Center shall be operated in a manner and for purposes that qualify the Center for exemption from taxation under the Internal Revenue Code as an organization described in section 501(c)(3) of such Code. ``(l) Annual Report.--The Board shall submit an annual report to the appropriate committees of Congress that, at minimum,-- ``(1) includes a review and examination of-- ``(A) the activities performed as set forth in subsections (d) and (e) during the prior fiscal year; ``(B) the advisory committee as described under subsection (h); and ``(C) the working groups as described under subsection (i); and ``(2) provides recommendations to improve the role, responsibilities, and functions of the Center to achieve the purpose set forth in subsection (c). ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center. ``(2) Contents.--The review shall-- ``(A) include, at a minimum-- ``(i) an evaluation of the efforts taken at the Center to achieve the purpose set forth in subsection (c); and ``(ii) the recommendations provided by the Board in subsection (l)(2); and ``(B) provide any other information that the inspector general determines is appropriate. ``(3) Report on audit.-- ``(A) Report to secretary.--Not later than 30 days after the date of completion of the audit, the inspector general shall submit to the Secretary a report on the results of the audit. ``(B) Report to congress.--Not later than 60 days after the date of receipt of the report under subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit. ``(n) Authorization of Appropriations.--In order to carry out this section, there is authorized to be appropriated for fiscal year 2023 and each fiscal year thereafter an amount equal to 3 percent of the interest from investment credited to the Airport and Airway Trust Fund. ``(o) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(3) STEM.--The term `STEM' means science, technology, engineering, and mathematics.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 49, United States Code, is amended by inserting after the item relating to section 119 the following: ``120. National Center for the Advancement of Aviation.''. SEC. 3. PREVENTION OF DUPLICATIVE PROGRAMS. The Board of Directors of the National Center for the Advancement of Aviation established under section 120 of title 49, United States Code (as added by this Act), shall coordinate with the Administrator of the Federal Aviation Administration to prevent any programs of the Center from duplicating programs established under section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note). SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 28, 2022. Attest: CHERYL L. JOHNSON, Clerk.

National Center for the Advancement of Aviation Act of 2022

To establish the National Center for the Advancement of Aviation.

National Center for the Advancement of Aviation Act of 2022 National Center for the Advancement of Aviation Act of 2022 National Center for the Advancement of Aviation Act of 2021

Rep. Carson, Andre

D

IN

This bill establishes the National Center for the Advancement of Aviation to (1) develop a skilled and robust U.S. aviation and aerospace workforce; (2) serve as a national independent forum to support collaboration and cooperation between aviation and aerospace stakeholders regarding the advancement of the U.S. aviation and aerospace workforce; and (3) serve as a repository for research conducted by institutions of higher education, research institutions, or other stakeholders regarding the aviation and aerospace workforce, or related technical and skill development. The center must perform the following duties Additionally, the center may issue grants to certain entities to

SHORT TITLE. 2. 120. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(iii) Enter into contracts or agreements as a private entity not subject to the requirements of title 41. ``(II) The Executive Director, pursuant to paragraph (5)(D). ``(4) Chair of the board.--The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i). ``(d) Duties of the Center.--In order to accomplish the purpose described in subsection (c), the Center shall perform the following duties: ``(1) Improve access to aviation and aerospace education and related skills training to help grow the U.S. aviation and aerospace workforce, including-- ``(A) assessing the current U.S. aviation and aerospace workforce challenges and identifying actions to address these challenges, including by developing a comprehensive workforce strategy; ``(B) establishing scholarship, apprenticeship, internship or mentorship programs for individuals who wish to pursue a career in an aviation- or aerospace- related field, including individuals in economically disadvantaged areas or individuals who are members of underrepresented groups in the aviation and aerospace sector; ``(C) supporting the development of aviation and aerospace education curricula, including syllabi, training materials, and lesson plans, for use by middle schools and high schools, institutions of higher education, secondary education institutions, or technical training and vocational schools; and ``(D) building awareness of youth-oriented aviation and aerospace programs and other outreach programs. ``(6) No claim of governmental approval or authority.--The Center may not claim approval of Congress or of the authority of the United States for any of its activities. ``(4) Meetings.--The provisions for meetings of the Board under subsection (b)(5) shall apply as similarly as is practicable to meetings of the advisory committee. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(3) Report on audit.-- ``(A) Report to secretary.--Not later than 30 days after the date of completion of the audit, the inspector general shall submit to the Secretary a report on the results of the audit. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. National Center for the Advancement of Aviation.''. SEC.

SHORT TITLE. 2. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(II) The Executive Director, pursuant to paragraph (5)(D). ``(4) Chair of the board.--The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i). ``(d) Duties of the Center.--In order to accomplish the purpose described in subsection (c), the Center shall perform the following duties: ``(1) Improve access to aviation and aerospace education and related skills training to help grow the U.S. aviation and aerospace workforce, including-- ``(A) assessing the current U.S. aviation and aerospace workforce challenges and identifying actions to address these challenges, including by developing a comprehensive workforce strategy; ``(B) establishing scholarship, apprenticeship, internship or mentorship programs for individuals who wish to pursue a career in an aviation- or aerospace- related field, including individuals in economically disadvantaged areas or individuals who are members of underrepresented groups in the aviation and aerospace sector; ``(C) supporting the development of aviation and aerospace education curricula, including syllabi, training materials, and lesson plans, for use by middle schools and high schools, institutions of higher education, secondary education institutions, or technical training and vocational schools; and ``(D) building awareness of youth-oriented aviation and aerospace programs and other outreach programs. ``(6) No claim of governmental approval or authority.--The Center may not claim approval of Congress or of the authority of the United States for any of its activities. ``(4) Meetings.--The provisions for meetings of the Board under subsection (b)(5) shall apply as similarly as is practicable to meetings of the advisory committee. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. National Center for the Advancement of Aviation.''. SEC.

SHORT TITLE. 2. 120. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(iii) Enter into contracts or agreements as a private entity not subject to the requirements of title 41. ``(vii) Make or issue grants and include any conditions on such grants in furtherance of the purpose and duties of the Center. ``(II) The Executive Director, pursuant to paragraph (5)(D). ``(B) Vacancies.--A vacancy on the Board shall be filled in the same manner as the initial appointment. ``(C) Status.--All Members of the Board shall have equal voting powers, regardless if they are ex-officio members or appointed. ``(4) Chair of the board.--The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i). Any person who violates this subparagraph may be fined not more than $10,000, imprisoned for not more than 2 years, or both. ``(F) Public information.--Nothing in this section may be construed to withhold disclosure of information or records that are subject to disclosure under section 552 of title 5. ``(d) Duties of the Center.--In order to accomplish the purpose described in subsection (c), the Center shall perform the following duties: ``(1) Improve access to aviation and aerospace education and related skills training to help grow the U.S. aviation and aerospace workforce, including-- ``(A) assessing the current U.S. aviation and aerospace workforce challenges and identifying actions to address these challenges, including by developing a comprehensive workforce strategy; ``(B) establishing scholarship, apprenticeship, internship or mentorship programs for individuals who wish to pursue a career in an aviation- or aerospace- related field, including individuals in economically disadvantaged areas or individuals who are members of underrepresented groups in the aviation and aerospace sector; ``(C) supporting the development of aviation and aerospace education curricula, including syllabi, training materials, and lesson plans, for use by middle schools and high schools, institutions of higher education, secondary education institutions, or technical training and vocational schools; and ``(D) building awareness of youth-oriented aviation and aerospace programs and other outreach programs. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. 7801)); ``(C) a flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations; ``(D) a State or local governmental entity; or ``(E) an organization representing aircraft users, aircraft owners, or aircraft pilots; ``(F) a holder of a certificate issued under part 21, 121, 135, or 145 of title 14, Code of Federal Regulations or a labor organization representing aviation maintenance workers; or ``(G) other organizations at the discretion of the Board. ``(f) Administrative Matters of the Center.-- ``(1) Detailees.-- ``(A) In general.--At the request of the Center, the head of any Federal agency or department may, at the discretion of such agency or department, detail to the Center, on a reimbursable basis, any employee of the agency or department. ``(6) No claim of governmental approval or authority.--The Center may not claim approval of Congress or of the authority of the United States for any of its activities. ``(4) Meetings.--The provisions for meetings of the Board under subsection (b)(5) shall apply as similarly as is practicable to meetings of the advisory committee. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(2) Membership.--Any working group established by the Board shall have members representing various aviation industry and labor stakeholders, stakeholder associations, and others, as determined appropriate by the Board. ``(3) Report on audit.-- ``(A) Report to secretary.--Not later than 30 days after the date of completion of the audit, the inspector general shall submit to the Secretary a report on the results of the audit. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. National Center for the Advancement of Aviation.''. SEC. DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives September 28, 2022. Attest: CHERYL L. JOHNSON, Clerk.

SHORT TITLE. 2. 120. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(2) Perpetual existence.--Except as otherwise provided, the Center shall have perpetual existence. The Board is responsible for the general policies and management of the Center and for the control of all funds of the Center. ``(ii) Establish and maintain offices to conduct its activities. ``(iii) Enter into contracts or agreements as a private entity not subject to the requirements of title 41. ``(iv) Acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the Center. ``(vii) Make or issue grants and include any conditions on such grants in furtherance of the purpose and duties of the Center. ``(II) The Executive Director, pursuant to paragraph (5)(D). ``(B) Vacancies.--A vacancy on the Board shall be filled in the same manner as the initial appointment. ``(C) Status.--All Members of the Board shall have equal voting powers, regardless if they are ex-officio members or appointed. ``(4) Chair of the board.--The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i). ``(B) Quorum.--A majority of members of the Board shall constitute a quorum. Any person who violates this subparagraph may be fined not more than $10,000, imprisoned for not more than 2 years, or both. ``(F) Public information.--Nothing in this section may be construed to withhold disclosure of information or records that are subject to disclosure under section 552 of title 5. ``(d) Duties of the Center.--In order to accomplish the purpose described in subsection (c), the Center shall perform the following duties: ``(1) Improve access to aviation and aerospace education and related skills training to help grow the U.S. aviation and aerospace workforce, including-- ``(A) assessing the current U.S. aviation and aerospace workforce challenges and identifying actions to address these challenges, including by developing a comprehensive workforce strategy; ``(B) establishing scholarship, apprenticeship, internship or mentorship programs for individuals who wish to pursue a career in an aviation- or aerospace- related field, including individuals in economically disadvantaged areas or individuals who are members of underrepresented groups in the aviation and aerospace sector; ``(C) supporting the development of aviation and aerospace education curricula, including syllabi, training materials, and lesson plans, for use by middle schools and high schools, institutions of higher education, secondary education institutions, or technical training and vocational schools; and ``(D) building awareness of youth-oriented aviation and aerospace programs and other outreach programs. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(3) Amplify and support the research and development efforts conducted as part of the National Aviation Research Plan, as required under section 44501(c), and work done at the Centers of Excellence and Technical Centers of the Federal Aviation Administration regarding the aviation and aerospace workforce, or related technical and skills development, including organizing and hosting symposiums, conferences, and other forums as appropriate, between the Federal Aviation Administration, aviation and aerospace stakeholders, and other interested parties, to discuss current and future research efforts and technical work. 7801)); ``(C) a flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations; ``(D) a State or local governmental entity; or ``(E) an organization representing aircraft users, aircraft owners, or aircraft pilots; ``(F) a holder of a certificate issued under part 21, 121, 135, or 145 of title 14, Code of Federal Regulations or a labor organization representing aviation maintenance workers; or ``(G) other organizations at the discretion of the Board. ``(f) Administrative Matters of the Center.-- ``(1) Detailees.-- ``(A) In general.--At the request of the Center, the head of any Federal agency or department may, at the discretion of such agency or department, detail to the Center, on a reimbursable basis, any employee of the agency or department. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(g) Restrictions of the Center.-- ``(1) Profit.--The Center may not engage in business activity for profit. ``(2) Stocks and dividends.--The Center may not issue any shares of stock or declare or pay any dividends. ``(6) No claim of governmental approval or authority.--The Center may not claim approval of Congress or of the authority of the United States for any of its activities. ``(4) Meetings.--The provisions for meetings of the Board under subsection (b)(5) shall apply as similarly as is practicable to meetings of the advisory committee. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(2) Membership.--Any working group established by the Board shall have members representing various aviation industry and labor stakeholders, stakeholder associations, and others, as determined appropriate by the Board. ``(3) Report on audit.-- ``(A) Report to secretary.--Not later than 30 days after the date of completion of the audit, the inspector general shall submit to the Secretary a report on the results of the audit. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. National Center for the Advancement of Aviation.''. SEC. DETERMINATION OF BUDGETARY EFFECTS. Passed the House of Representatives September 28, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To establish the National Center for the Advancement of Aviation. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(2) Authority of powers.-- ``(A) In general.--The Board shall adopt a constitution, bylaws, regulations, policies, and procedures to carry out the purpose of the Center and may take any other action that it considers necessary (in accordance with the duties and powers of the Center) for the management and operation of the Center. ``(iv) Acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the Center. ``(3) Membership of the board.-- ``(A) In general.--The Board shall have 11 Directors as follows: ``(i) Ex-officio membership.--The following individuals, or their designees, shall be considered ex-officio members of the Board: ``(I) The Administrator of the Federal Aviation Administration. ``(II) Terms.-- ``(aa) In general.--The members appointed under subclause (I) shall serve for a term of 3 years and may be reappointed. ``(III) Consideration.--In considering whom to appoint to the Board, the Secretaries and Administrator referenced in subclause (I) shall, to the maximum extent practicable, ensure the overall composition of the Board adequately represents the fields of aviation and academia. ``(5) Administrative matters.-- ``(A) Meetings.-- ``(i) In general.--The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means. ``(iii) Public announcement.--At least 1 week before a meeting of the Board, and as soon as practicable thereafter if there are any changes to the information described in subclauses (I) through (III), the Board shall make a public announcement of the meeting that describes-- ``(I) the time, place, and subject matter of the meeting; ``(II) whether the meeting is to be open or closed to the public; and ``(III) the name and appropriate contact information of a person who can respond to requests for information about the meeting. ``(iv) Record.--The Board shall keep a transcript of minutes from each Board meeting. ``(C) Restriction.--No member of the Board shall participate in any proceeding, application, ruling or other determination, contract claim, scholarship award, controversy, or other matter in which the member, the member's employer or prospective employer, or the member's spouse, partner, or minor child has a direct financial interest. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(3) Limitation.--No organization that receives a grant under this section may sell or make a profit from the creation, development, delivery, or updating of high school aviation curricula. ``(f) Administrative Matters of the Center.-- ``(1) Detailees.-- ``(A) In general.--At the request of the Center, the head of any Federal agency or department may, at the discretion of such agency or department, detail to the Center, on a reimbursable basis, any employee of the agency or department. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(3) Political activities.--The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. ``(h) Advisory Committee.-- ``(1) In general.--The Executive Director shall appoint members to an advisory committee subject to approval by the Board. The advisory committee shall select a Chair and Vice Chair from among its members by majority vote. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). Once established, the membership of such working group shall choose a Chair from among the members of the working group by majority vote. ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center. ``(2) Contents.--The review shall-- ``(A) include, at a minimum-- ``(i) an evaluation of the efforts taken at the Center to achieve the purpose set forth in subsection (c); and ``(ii) the recommendations provided by the Board in subsection (l)(2); and ``(B) provide any other information that the inspector general determines is appropriate. ``(B) Report to congress.--Not later than 60 days after the date of receipt of the report under subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). National Center for the Advancement of Aviation.''.

To establish the National Center for the Advancement of Aviation. a) In General.--Chapter 1 of title 49, United States Code, is amended by adding at the end the following: ``Sec. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(ii) Establish and maintain offices to conduct its activities. ``(vi) Incur and pay obligations as a private entity not subject to the requirements of title 31. ``(III) Consideration.--In considering whom to appoint to the Board, the Secretaries and Administrator referenced in subclause (I) shall, to the maximum extent practicable, ensure the overall composition of the Board adequately represents the fields of aviation and academia. ``(C) Status.--All Members of the Board shall have equal voting powers, regardless if they are ex-officio members or appointed. ``(4) Chair of the board.--The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i). ``(5) Administrative matters.-- ``(A) Meetings.-- ``(i) In general.--The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means. ``(C) Restriction.--No member of the Board shall participate in any proceeding, application, ruling or other determination, contract claim, scholarship award, controversy, or other matter in which the member, the member's employer or prospective employer, or the member's spouse, partner, or minor child has a direct financial interest. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(2) Eligible entities.--An eligible entity under this subsection includes-- ``(A) an air carrier, as defined in section 40102, an air carrier engaged in intrastate or intra-U.S. territorial operations, an air carrier engaged in commercial operations covered by part 135 or part 91 of title 14, Code of Federal Regulations, operations, or a labor organization representing aircraft pilots; ``(B) an accredited institution of higher education or a high school or secondary school (as defined in section 8101 of the Higher Education Act of 1965 (20 U.S.C. 7801)); ``(C) a flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations; ``(D) a State or local governmental entity; or ``(E) an organization representing aircraft users, aircraft owners, or aircraft pilots; ``(F) a holder of a certificate issued under part 21, 121, 135, or 145 of title 14, Code of Federal Regulations or a labor organization representing aviation maintenance workers; or ``(G) other organizations at the discretion of the Board. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(3) Political activities.--The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. ``(5) Loans.--The Center may not make a loan to any member of the Board or any officer or employee of the Center. ``(2) Membership.--The advisory committee shall consist of 15 members who represent various aviation industry and labor stakeholders, stakeholder associations, and others as determined appropriate by the Board. ``(4) Meetings.--The provisions for meetings of the Board under subsection (b)(5) shall apply as similarly as is practicable to meetings of the advisory committee. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(l) Annual Report.--The Board shall submit an annual report to the appropriate committees of Congress that, at minimum,-- ``(1) includes a review and examination of-- ``(A) the activities performed as set forth in subsections (d) and (e) during the prior fiscal year; ``(B) the advisory committee as described under subsection (h); and ``(C) the working groups as described under subsection (i); and ``(2) provides recommendations to improve the role, responsibilities, and functions of the Center to achieve the purpose set forth in subsection (c). ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). National Center for the Advancement of Aviation.''.

To establish the National Center for the Advancement of Aviation. a) In General.--Chapter 1 of title 49, United States Code, is amended by adding at the end the following: ``Sec. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(ii) Establish and maintain offices to conduct its activities. ``(vi) Incur and pay obligations as a private entity not subject to the requirements of title 31. ``(III) Consideration.--In considering whom to appoint to the Board, the Secretaries and Administrator referenced in subclause (I) shall, to the maximum extent practicable, ensure the overall composition of the Board adequately represents the fields of aviation and academia. ``(C) Status.--All Members of the Board shall have equal voting powers, regardless if they are ex-officio members or appointed. ``(4) Chair of the board.--The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i). ``(5) Administrative matters.-- ``(A) Meetings.-- ``(i) In general.--The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means. ``(C) Restriction.--No member of the Board shall participate in any proceeding, application, ruling or other determination, contract claim, scholarship award, controversy, or other matter in which the member, the member's employer or prospective employer, or the member's spouse, partner, or minor child has a direct financial interest. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(2) Eligible entities.--An eligible entity under this subsection includes-- ``(A) an air carrier, as defined in section 40102, an air carrier engaged in intrastate or intra-U.S. territorial operations, an air carrier engaged in commercial operations covered by part 135 or part 91 of title 14, Code of Federal Regulations, operations, or a labor organization representing aircraft pilots; ``(B) an accredited institution of higher education or a high school or secondary school (as defined in section 8101 of the Higher Education Act of 1965 (20 U.S.C. 7801)); ``(C) a flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations; ``(D) a State or local governmental entity; or ``(E) an organization representing aircraft users, aircraft owners, or aircraft pilots; ``(F) a holder of a certificate issued under part 21, 121, 135, or 145 of title 14, Code of Federal Regulations or a labor organization representing aviation maintenance workers; or ``(G) other organizations at the discretion of the Board. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(3) Political activities.--The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. ``(5) Loans.--The Center may not make a loan to any member of the Board or any officer or employee of the Center. ``(2) Membership.--The advisory committee shall consist of 15 members who represent various aviation industry and labor stakeholders, stakeholder associations, and others as determined appropriate by the Board. ``(4) Meetings.--The provisions for meetings of the Board under subsection (b)(5) shall apply as similarly as is practicable to meetings of the advisory committee. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(l) Annual Report.--The Board shall submit an annual report to the appropriate committees of Congress that, at minimum,-- ``(1) includes a review and examination of-- ``(A) the activities performed as set forth in subsections (d) and (e) during the prior fiscal year; ``(B) the advisory committee as described under subsection (h); and ``(C) the working groups as described under subsection (i); and ``(2) provides recommendations to improve the role, responsibilities, and functions of the Center to achieve the purpose set forth in subsection (c). ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). National Center for the Advancement of Aviation.''.

To establish the National Center for the Advancement of Aviation. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government. ``(2) Authority of powers.-- ``(A) In general.--The Board shall adopt a constitution, bylaws, regulations, policies, and procedures to carry out the purpose of the Center and may take any other action that it considers necessary (in accordance with the duties and powers of the Center) for the management and operation of the Center. ``(iv) Acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the Center. ``(3) Membership of the board.-- ``(A) In general.--The Board shall have 11 Directors as follows: ``(i) Ex-officio membership.--The following individuals, or their designees, shall be considered ex-officio members of the Board: ``(I) The Administrator of the Federal Aviation Administration. ``(II) Terms.-- ``(aa) In general.--The members appointed under subclause (I) shall serve for a term of 3 years and may be reappointed. ``(III) Consideration.--In considering whom to appoint to the Board, the Secretaries and Administrator referenced in subclause (I) shall, to the maximum extent practicable, ensure the overall composition of the Board adequately represents the fields of aviation and academia. ``(5) Administrative matters.-- ``(A) Meetings.-- ``(i) In general.--The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means. ``(iii) Public announcement.--At least 1 week before a meeting of the Board, and as soon as practicable thereafter if there are any changes to the information described in subclauses (I) through (III), the Board shall make a public announcement of the meeting that describes-- ``(I) the time, place, and subject matter of the meeting; ``(II) whether the meeting is to be open or closed to the public; and ``(III) the name and appropriate contact information of a person who can respond to requests for information about the meeting. ``(iv) Record.--The Board shall keep a transcript of minutes from each Board meeting. ``(C) Restriction.--No member of the Board shall participate in any proceeding, application, ruling or other determination, contract claim, scholarship award, controversy, or other matter in which the member, the member's employer or prospective employer, or the member's spouse, partner, or minor child has a direct financial interest. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(3) Limitation.--No organization that receives a grant under this section may sell or make a profit from the creation, development, delivery, or updating of high school aviation curricula. ``(f) Administrative Matters of the Center.-- ``(1) Detailees.-- ``(A) In general.--At the request of the Center, the head of any Federal agency or department may, at the discretion of such agency or department, detail to the Center, on a reimbursable basis, any employee of the agency or department. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(3) Political activities.--The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. ``(h) Advisory Committee.-- ``(1) In general.--The Executive Director shall appoint members to an advisory committee subject to approval by the Board. The advisory committee shall select a Chair and Vice Chair from among its members by majority vote. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). Once established, the membership of such working group shall choose a Chair from among the members of the working group by majority vote. ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center. ``(2) Contents.--The review shall-- ``(A) include, at a minimum-- ``(i) an evaluation of the efforts taken at the Center to achieve the purpose set forth in subsection (c); and ``(ii) the recommendations provided by the Board in subsection (l)(2); and ``(B) provide any other information that the inspector general determines is appropriate. ``(B) Report to congress.--Not later than 60 days after the date of receipt of the report under subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). National Center for the Advancement of Aviation.''.

To establish the National Center for the Advancement of Aviation. ``(ii) Establish and maintain offices to conduct its activities. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center.

To establish the National Center for the Advancement of Aviation. ``(III) Consideration.--In considering whom to appoint to the Board, the Secretaries and Administrator referenced in subclause (I) shall, to the maximum extent practicable, ensure the overall composition of the Board adequately represents the fields of aviation and academia. ``(5) Administrative matters.-- ``(A) Meetings.-- ``(i) In general.--The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means. ``(iii) Public announcement.--At least 1 week before a meeting of the Board, and as soon as practicable thereafter if there are any changes to the information described in subclauses (I) through (III), the Board shall make a public announcement of the meeting that describes-- ``(I) the time, place, and subject matter of the meeting; ``(II) whether the meeting is to be open or closed to the public; and ``(III) the name and appropriate contact information of a person who can respond to requests for information about the meeting. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(3) Political activities.--The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center. ``(B) Report to congress.--Not later than 60 days after the date of receipt of the report under subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

To establish the National Center for the Advancement of Aviation. ``(ii) Establish and maintain offices to conduct its activities. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center.

To establish the National Center for the Advancement of Aviation. ``(III) Consideration.--In considering whom to appoint to the Board, the Secretaries and Administrator referenced in subclause (I) shall, to the maximum extent practicable, ensure the overall composition of the Board adequately represents the fields of aviation and academia. ``(5) Administrative matters.-- ``(A) Meetings.-- ``(i) In general.--The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means. ``(iii) Public announcement.--At least 1 week before a meeting of the Board, and as soon as practicable thereafter if there are any changes to the information described in subclauses (I) through (III), the Board shall make a public announcement of the meeting that describes-- ``(I) the time, place, and subject matter of the meeting; ``(II) whether the meeting is to be open or closed to the public; and ``(III) the name and appropriate contact information of a person who can respond to requests for information about the meeting. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(3) Political activities.--The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center. ``(B) Report to congress.--Not later than 60 days after the date of receipt of the report under subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

To establish the National Center for the Advancement of Aviation. ``(ii) Establish and maintain offices to conduct its activities. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(2) Support the personnel or veterans of the Armed Forces seeking to transition to a career in civil aviation or aerospace through outreach, training, apprenticeships, or other means. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(i) Working Groups.-- ``(1) In general.--The Board may establish and appoint the membership of the working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c). ``(m) Audit by the Department of Transportation Inspector General.-- ``(1) In general.--Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center.

To establish the National Center for the Advancement of Aviation. ``(iii) Public announcement.--At least 1 week before a meeting of the Board, and as soon as practicable thereafter if there are any changes to the information described in subclauses (I) through (III), the Board shall make a public announcement of the meeting that describes-- ``(I) the time, place, and subject matter of the meeting; ``(II) whether the meeting is to be open or closed to the public; and ``(III) the name and appropriate contact information of a person who can respond to requests for information about the meeting. ``(D) Executive director.--The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the `Executive Director') who shall-- ``(i) serve as a Member of the Board; ``(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish; ``(iii) is subject to removal by the Board at the discretion of the Board; and ``(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center. ``(4) Voluntary services.--The Center may accept from any person voluntary services to be provided in furtherance of the purpose and duties of the Center. ``(B) Report to congress.--Not later than 60 days after the date of receipt of the report under subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

National Center for the Advancement of Aviation Act of 2022 - Amends Federal law to establish the National Center for Aviation as a federally chartered entity. (Currently, the Center is a private independent entity.) (Sec. 2) Declares that the Center shall have perpetual existence, except as otherwise provided, and shall have the authority to adopt a constitution, bylaws, regulations, policies Directs the Board to: (1) appoint and fix the pay of an Executive Director of the Center; (2) provide a forum to support collaboration and cooperation between governmental, non-governmental, and private aviation and aerospace sector stakeholders regarding the advancement of the U.S. aviation workforce; and (3) serve as a repository for research conducted by institutions of higher education, research Directs the Executive Director to appoint members to an advisory committee to advise the Board on the Center's activities and priorities. (Currently, the Board is composed of 15 members.) (Sec. 3) Authorizes the head of any Federal agency or department to detail to the Center, on a reimbursable basis, any employee of the agency or Department without interruption or loss of This bill requires the Board of Directors of the National Center for the Advancement of Aviation to coordinate with the Administrator of the Federal Aviation Administration (FAA) to prevent any programs of the Center from duplicating FAA programs established under the FAA Reauthorization Act of 2018. The FAA Inspector General shall review the Center and report to the Secretary of Transportation on the results of the audit. The

H.R.9688

Government Operations and Politics

People Over Long Lines Act (POLL Act) This bill sets forth provisions related to voting and the administration of federal elections. Specifically, the bill requires states to ensure that voters wait no more than 30 minutes at any polling place to cast their vote in a federal election, establishes a private right of action for voters who experience longer waiting times, and directs the Election Assistance Commission to make payments to eligible states to prevent unreasonable waiting times. Next, the bill requires each state to provide for the minimum required number of voting systems, poll workers, and other election resources for each polling location on the day of any federal election and each day of early voting. The Department of Justice must issue uniform standards regarding the minimum number and distribution of such systems, workers, and other resources. The bill also prohibits a chief state election administration official from taking an active part in political management or in a political campaign with respect to any federal election over which the official has supervisory authority, with certain exceptions.

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``People Over Long Lines Act (POLL Act)''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. (2) It is the responsibility of the State and Federal governments to ensure that every eligible citizen is able to register to vote and to cast a ballot. (3) There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation's democratic process. The Nation has witnessed unprecedented efforts to turn back the clock and erect barriers to voting for communities of color, which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low-income Americans. (4) One way voting in communities of color has been suppressed is through long waits at polling locations. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations. (5) A 2019 study led by economist Keith Chen of the University of California, Los Angeles, matched anonymous location data from 10,000,000 smartphones to 93,000 polling places to create the most extensive map to date of voter wait times across the United States. The results showed one very clear disparity: voters in predominantly Black neighborhoods waited 29 percent longer, on average, than those in White neighborhoods. They were also about 74 percent more likely to wait for more than half an hour. (6) Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters. (7) Long lines are estimated to have deterred between 500,000 and 700,000 people from casting their ballot in 2012. (8) These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard: ``No citizen should have to wait more than 30 minutes to vote.''. (9) Despite the work of the Presidential Commission on Election Administration, long lines continue, particularly in communities of color where racial discrimination in voting is a clear and persistent problem. (10) In the Arizona 2016 Presidential primary, in one Maricopa County polling place for mostly Latino voters, some waited for 4 hours or more in the 80-degree heat to cast their ballots. For the 2016 general election, 3 people collapsed while waiting to vote in an hours-long line in Georgia, and a line to vote in Cincinnati, Ohio was a half-mile long. (11) According to a nationwide study, in 2016, roughly 3 percent of people standing in line at voting locations left before they could vote as a result of long lines. (12) The disenfranchisement that long lines create for voters is not limited to that one election. Research suggests that for each hour would-be voters wait, their probability of voting in the next election drops by 1 percentage point. (13) Congress has the authority under article I, section 4 of the Constitution of the United States to enact laws governing the time, place, and manner of Federal elections. (14) Congress also has authority under section 2 of the 15th Amendment to enforce the right of citizens of the United States to vote, which shall not be denied or abridged by the United States, by legislation. SEC. 3. PREVENTING UNREASONABLE VOTER WAITING TIMES. (a) State Plans Required.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. UNREASONABLE VOTER WAITING TIMES. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(b) Prohibition on Unreasonable Voter Waiting Times.--Each State shall ensure that no person voting in an election for Federal office shall wait for more than 30 minutes at any polling place for purposes of casting a vote in such election. ``(c) Remedial Plans for States With Excessive Voter Wait Times.-- ``(1) Review of voter wait times.--After each election for Federal office, the Commission shall review voter waiting times for each jurisdiction for which voting in such election took place and make publicly available a report on its findings. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(3) Jurisdiction defined.--For purposes of this subsection, the term `jurisdiction' has the meaning given the term `registrar's jurisdiction' in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)). ``(4) Standards.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2023 through 2032, $5,000,000 for each such year for the Commission to carry out this subsection. ``(d) Emergency Ballots.-- ``(1) In general.--In the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office at the time of the failure shall be advised immediately of the individual's right to use an emergency paper ballot, and upon request shall be provided with such an emergency paper ballot for the election and the supplies necessary to mark the ballot. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. ``(3) Disposition of ballot.--Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot.''. (b) Private Right of Action.--Title IV of the Help America Vote Act of 2002 (52 U.S.C. 21111 et seq.) is amended by adding at the end the following new section: ``SEC. 403. PRIVATE RIGHT OF ACTION FOR UNREASONABLE VOTER WAITING TIME. ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. ``(b) Relief.--In any civil action commenced under subsection (a): ``(1) In general.--If the court finds a violation of section 304(b), the court shall assess a civil penalty equal to the sum of-- ``(A) $50; plus ``(B) an additional $50 for each additional hour the person waited at the polling place to cast a vote; plus ``(C) reasonable attorney fees, including litigation expenses, and costs. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1)(B) shall be applied by substituting `$150' for `$50'.''. (c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. (d) Clerical Amendments.--The table of contents of the Help America Vote Act of 2002 is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, and by inserting after the item relating to section 303 the following new item: ``Sec. 304. Allocation of election resources.''; and (2) by inserting after the item relating to section 402 the following new item: ``Sec. 403. Private right of action for unreasonable voter waiting time.''. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. MINIMUM REQUIRED VOTING SYSTEMS, POLL WORKERS, AND ELECTION RESOURCES. (a) Minimum Requirements.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Additional Requirements ``SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. ``(a) In General.--Each State shall provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any Federal election and on any days during which such State allows early voting for a Federal election in accordance with the standards determined under section 299. ``(b) Voting Site.--For purposes of this section and section 299, the term `voting site' means a polling location, except that in the case of any polling location that serves more than 1 precinct, such term shall mean a precinct. ``(c) Effective Date.--Each State shall be required to comply with the requirements of this section on and after January 1, 2023.''. (2) Conforming amendment.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and subtitle C''. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title III the following: ``Subtitle C--Additional Requirements ``Sec. 321. Minimum required voting systems and poll workers.''. (b) Standards.-- (1) In general.--Title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle E--Guidance and Standards ``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. ``(a) In General.--Not later than September 15, 2023, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall issue standards regarding the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) required under section 321 on the day of any Federal election and on any days during which early voting is allowed for a Federal election. ``(b) Distribution.-- ``(1) In general.--The standards described in subsection (a) shall provide for a uniform and nondiscriminatory distribution of such systems, workers, and other resources, and shall take into account, among other factors, the following with respect to any voting site (as defined in section 321(b)): ``(A) The voting-age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by such voting site. ``(F) The educational levels and socio-economic factors of the population served by such voting site. ``(G) The needs and numbers of disabled voters and voters with limited English proficiency. ``(H) The type of voting systems used. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. ``(3) Purpose.--To the extent possible, the standards shall provide for a distribution of voting systems, poll workers, and other election resources, with the goals of-- ``(A) ensuring an equal waiting time for all voters in the State; and ``(B) preventing a waiting time of over 30 minutes at any polling place. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(c) Deviation.--The standards described in subsection (a) shall permit States, upon giving reasonable public notice, to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack.''. (2) Conforming amendment.--Section 202 of such Act (52 U.S.C. 20922), as amended by section 3(c), is amended-- (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in subtitle E;''. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Guidance and Standards ``Sec. 299. Standards for establishing the minimum required voting systems and poll workers.''. SEC. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new section: ``campaign activities by chief state election administration officials ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(c) Active Part in Political Management or in a Political Campaign.--The term `active part in political management or in a political campaign' means-- ``(1) serving as a member of an authorized committee of a candidate for Federal office; ``(2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; ``(3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and ``(4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). ``(d) Exception in Case of Recusal From Administration of Elections Involving Election Official or Immediate Family Member.-- ``(1) In general.--This section does not apply to a chief State election administration official with respect to an election for Federal office in which such official or an immediate family member of the official is a candidate, but only if-- ``(A) such official recuses himself or herself from all of the official's responsibilities for the administration of such election; and ``(B) the official who assumes responsibility for supervising the administration of the election does not report directly to such official. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2023. SEC. 6. PAYMENTS TO STATES TO PREVENT UNREASONABLE WAIT TIMES AND PROMOTE WELL-RUN ELECTIONS. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the following: ``PART VII--PAYMENTS FOR PREVENTING UNREASONABLE VOTER WAIT TIMES ``SEC. 297. PAYMENTS TO STATES. ``(a) In General.--The Commission shall make a payment to each eligible State. Such payments shall be made not later than 30 days after the date of enactment of this part. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(c) Use of Funds.--An eligible State shall use the payment received under this part to meet the requirements of section 304 and 321. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). ``(2) Minimum payment amount.--The minimum payment amount described in this paragraph is-- ``(A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and ``(B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, or the United States Virgin Islands, one-tenth of 1 percent of such aggregate amount. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)). ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for payments under this section $500,000,000 for each fiscal year. ``(2) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended.''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 296 the following: ``Part VII--Payments for Preventing Unreasonable Voter Wait Times ``Sec. 297. Payments to States.''. <all>

People Over Long Lines Act (POLL Act)

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote.

People Over Long Lines Act (POLL Act)

Rep. Williams, Nikema

D

GA

This bill sets forth provisions related to voting and the administration of federal elections. Specifically, the bill requires states to ensure that voters wait no more than 30 minutes at any polling place to cast their vote in a federal election, establishes a private right of action for voters who experience longer waiting times, and directs the Election Assistance Commission to make payments to eligible states to prevent unreasonable waiting times. Next, the bill requires each state to provide for the minimum required number of voting systems, poll workers, and other election resources for each polling location on the day of any federal election and each day of early voting. The Department of Justice must issue uniform standards regarding the minimum number and distribution of such systems, workers, and other resources. The bill also prohibits a chief state election administration official from taking an active part in political management or in a political campaign with respect to any federal election over which the official has supervisory authority, with certain exceptions.

2. FINDINGS. They were also about 74 percent more likely to wait for more than half an hour. (12) The disenfranchisement that long lines create for voters is not limited to that one election. 3. is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. UNREASONABLE VOTER WAITING TIMES. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2023 through 2032, $5,000,000 for each such year for the Commission to carry out this subsection. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. 21111 et seq.) ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. Allocation of election resources. 4. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title III the following: ``Subtitle C--Additional Requirements ``Sec. 321. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(E) Census data for the population served by such voting site. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. 299. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. 6. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. PAYMENTS TO STATES. Such payments shall be made not later than 30 days after the date of enactment of this part.

2. They were also about 74 percent more likely to wait for more than half an hour. (12) The disenfranchisement that long lines create for voters is not limited to that one election. 3. is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. UNREASONABLE VOTER WAITING TIMES. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2023 through 2032, $5,000,000 for each such year for the Commission to carry out this subsection. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. 21111 et seq.) Allocation of election resources. 4. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. 321. ``(B) Voter turnout in past elections. ``(E) Census data for the population served by such voting site. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. 299. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. 6. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. PAYMENTS TO STATES. Such payments shall be made not later than 30 days after the date of enactment of this part.

2. FINDINGS. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. (2) It is the responsibility of the State and Federal governments to ensure that every eligible citizen is able to register to vote and to cast a ballot. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations. They were also about 74 percent more likely to wait for more than half an hour. (12) The disenfranchisement that long lines create for voters is not limited to that one election. 3. is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. UNREASONABLE VOTER WAITING TIMES. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(3) Jurisdiction defined.--For purposes of this subsection, the term `jurisdiction' has the meaning given the term `registrar's jurisdiction' in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2023 through 2032, $5,000,000 for each such year for the Commission to carry out this subsection. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. 21111 et seq.) ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. Allocation of election resources. 403. 4. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title III the following: ``Subtitle C--Additional Requirements ``Sec. 321. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(E) Census data for the population served by such voting site. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. 299. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. 6. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. PAYMENTS TO STATES. Such payments shall be made not later than 30 days after the date of enactment of this part. ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). 297.

2. FINDINGS. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. (2) It is the responsibility of the State and Federal governments to ensure that every eligible citizen is able to register to vote and to cast a ballot. The Nation has witnessed unprecedented efforts to turn back the clock and erect barriers to voting for communities of color, which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low-income Americans. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations. The results showed one very clear disparity: voters in predominantly Black neighborhoods waited 29 percent longer, on average, than those in White neighborhoods. They were also about 74 percent more likely to wait for more than half an hour. (7) Long lines are estimated to have deterred between 500,000 and 700,000 people from casting their ballot in 2012. (12) The disenfranchisement that long lines create for voters is not limited to that one election. 3. is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. UNREASONABLE VOTER WAITING TIMES. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(3) Jurisdiction defined.--For purposes of this subsection, the term `jurisdiction' has the meaning given the term `registrar's jurisdiction' in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2023 through 2032, $5,000,000 for each such year for the Commission to carry out this subsection. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. 21111 et seq.) ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. Allocation of election resources. 403. 4. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title III the following: ``Subtitle C--Additional Requirements ``Sec. 321. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(E) Census data for the population served by such voting site. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. 299. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. 6. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. PAYMENTS TO STATES. Such payments shall be made not later than 30 days after the date of enactment of this part. ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). 297.

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. 3) There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation's democratic process. (5) A 2019 study led by economist Keith Chen of the University of California, Los Angeles, matched anonymous location data from 10,000,000 smartphones to 93,000 polling places to create the most extensive map to date of voter wait times across the United States. 9) Despite the work of the Presidential Commission on Election Administration, long lines continue, particularly in communities of color where racial discrimination in voting is a clear and persistent problem. ( For the 2016 general election, 3 people collapsed while waiting to vote in an hours-long line in Georgia, and a line to vote in Cincinnati, Ohio was a half-mile long. ( 12) The disenfranchisement that long lines create for voters is not limited to that one election. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(c) Remedial Plans for States With Excessive Voter Wait Times.-- ``(1) Review of voter wait times.--After each election for Federal office, the Commission shall review voter waiting times for each jurisdiction for which voting in such election took place and make publicly available a report on its findings. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(4) Standards.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). ``(d) Emergency Ballots.-- ``(1) In general.--In the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office at the time of the failure shall be advised immediately of the individual's right to use an emergency paper ballot, and upon request shall be provided with such an emergency paper ballot for the election and the supplies necessary to mark the ballot. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1)(B) shall be applied by substituting `$150' for `$50'.''. ( (d) Clerical Amendments.--The table of contents of the Help America Vote Act of 2002 is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, and by inserting after the item relating to section 303 the following new item: ``Sec. ``(a) In General.--Each State shall provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any Federal election and on any days during which such State allows early voting for a Federal election in accordance with the standards determined under section 299. ``(b) Voting Site.--For purposes of this section and section 299, the term `voting site' means a polling location, except that in the case of any polling location that serves more than 1 precinct, such term shall mean a precinct. 2) Conforming amendment.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and subtitle C''. ( ``(b) Distribution.-- ``(1) In general.--The standards described in subsection (a) shall provide for a uniform and nondiscriminatory distribution of such systems, workers, and other resources, and shall take into account, among other factors, the following with respect to any voting site (as defined in section 321(b)): ``(A) The voting-age population. ``(H) The type of voting systems used. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. 3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Guidance and Standards ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. ( b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2023. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)). ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). ``(2) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended.''. (

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. ( 6) Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters. ( (8) These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard: ``No citizen should have to wait more than 30 minutes to vote.''. ( 10) In the Arizona 2016 Presidential primary, in one Maricopa County polling place for mostly Latino voters, some waited for 4 hours or more in the 80-degree heat to cast their ballots. PREVENTING UNREASONABLE VOTER WAITING TIMES. ( ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. ``(4) Standards.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). ``(3) Disposition of ballot.--Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot.''. ( c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( Allocation of election resources. ''; a) Minimum Requirements.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Additional Requirements ``SEC. Minimum required voting systems and poll workers.''. ( ``(a) In General.--Not later than September 15, 2023, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall issue standards regarding the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) required under section 321 on the day of any Federal election and on any days during which early voting is allowed for a Federal election. ``(C) The number of voters registered. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(c) Deviation.--The standards described in subsection (a) shall permit States, upon giving reasonable public notice, to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack.''. ( 3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Guidance and Standards ``Sec. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. ( b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2023. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 296 the following: ``Part VII--Payments for Preventing Unreasonable Voter Wait Times ``Sec. Payments to States.''.

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. ( 6) Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters. ( (8) These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard: ``No citizen should have to wait more than 30 minutes to vote.''. ( 10) In the Arizona 2016 Presidential primary, in one Maricopa County polling place for mostly Latino voters, some waited for 4 hours or more in the 80-degree heat to cast their ballots. PREVENTING UNREASONABLE VOTER WAITING TIMES. ( ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. ``(4) Standards.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). ``(3) Disposition of ballot.--Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot.''. ( c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( Allocation of election resources. ''; a) Minimum Requirements.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Additional Requirements ``SEC. Minimum required voting systems and poll workers.''. ( ``(a) In General.--Not later than September 15, 2023, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall issue standards regarding the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) required under section 321 on the day of any Federal election and on any days during which early voting is allowed for a Federal election. ``(C) The number of voters registered. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(c) Deviation.--The standards described in subsection (a) shall permit States, upon giving reasonable public notice, to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack.''. ( 3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Guidance and Standards ``Sec. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. ( b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2023. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 296 the following: ``Part VII--Payments for Preventing Unreasonable Voter Wait Times ``Sec. Payments to States.''.

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. 9) Despite the work of the Presidential Commission on Election Administration, long lines continue, particularly in communities of color where racial discrimination in voting is a clear and persistent problem. ( ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(d) Emergency Ballots.-- ``(1) In general.--In the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office at the time of the failure shall be advised immediately of the individual's right to use an emergency paper ballot, and upon request shall be provided with such an emergency paper ballot for the election and the supplies necessary to mark the ballot. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1)(B) shall be applied by substituting `$150' for `$50'.''. ( (d) Clerical Amendments.--The table of contents of the Help America Vote Act of 2002 is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, and by inserting after the item relating to section 303 the following new item: ``Sec. ``(b) Distribution.-- ``(1) In general.--The standards described in subsection (a) shall provide for a uniform and nondiscriminatory distribution of such systems, workers, and other resources, and shall take into account, among other factors, the following with respect to any voting site (as defined in section 321(b)): ``(A) The voting-age population. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)).

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1)(B) shall be applied by substituting `$150' for `$50'.''. ( ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)).

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1)(B) shall be applied by substituting `$150' for `$50'.''. ( ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)).

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1)(B) shall be applied by substituting `$150' for `$50'.''. ( ( ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)).

People Over Long Lines Act (POLL Act) This bill amends the Help America Vote Act of 2002 to require states to submit to the Election Assistance Commission (EAC) a plan to ensure that voters in elections for federal office do not wait in long lines in order to vote. The EAC must publish the plan on its website within 60 days. The plan must include: ( Amends the Help America Vote Act of 2002 to require each jurisdiction for which the Election Assistance Commission (EAC) determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under this Act, to comply with a State remedial plan to provide for the effective allocation of resources to administer elections for federal office Amends the Help America Vote Act of 2002 to direct the Attorney General to issue standards regarding the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) required on the day of any federal election and on any days during which early voting is allowed for a federal election. Requires each state to provide for such minimum number for each voting site on the Amends the Help America Vote Act of 2002 to require the Federal Election Commission (FEC) to make a payment to each eligible State to prevent unreasonable voter wait times and promote well-run elections. (Currently, the FEC makes payments to states only for elections for federal office held after January 1, 2023.) (Sec. 6) Exempts from this Act any chief

S.2117

Government Operations and Politics

People Over Long Lines Act (POLL Act) This bill sets forth provisions related to voting and the administration of federal elections. Specifically, the bill requires states to ensure that voters wait no more than 30 minutes at any polling place to cast their vote in a federal election, establishes a private right of action for voters who experience longer waiting times, and directs the Election Assistance Commission to make payments to eligible states to prevent unreasonable waiting times. Next, the bill requires each state to provide for the minimum required number of voting systems, poll workers, and other election resources for each polling location on the day of any federal election and each day of early voting. The Department of Justice must issue uniform standards regarding the minimum number and distribution of such systems, workers, and other resources. The bill also prohibits a chief state election administration official from taking an active part in political management or in a political campaign with respect to any federal election over which the official has supervisory authority, with certain exceptions.

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``People Over Long Lines Act (POLL Act)''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. (2) It is the responsibility of the State and Federal governments to ensure that every eligible citizen is able to register to vote and to cast a ballot. (3) There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation's democratic process. The Nation has witnessed unprecedented efforts to turn back the clock and erect barriers to voting for communities of color, which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low-income Americans. (4) One way voting in communities of color has been suppressed is through long waits at polling locations. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations. (5) A 2019 study led by economist Keith Chen of the University of California, Los Angeles, matched anonymous location data from 10,000,000 smartphones to 93,000 polling places to create the most extensive map to date of voter wait times across the United States. The results showed one very clear disparity: voters in predominantly Black neighborhoods waited 29 percent longer, on average, than those in White neighborhoods. They were also about 74 percent more likely to wait for more than half an hour. (6) Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters. (7) Long lines are estimated to have deterred between 500,000 and 700,000 people from casting their ballot in 2012. (8) These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard: ``No citizen should have to wait more than 30 minutes to vote.''. (9) Despite the work of the Presidential Commission on Election Administration, long lines continue, particularly in communities of color where racial discrimination in voting is a clear and persistent problem. (10) In the Arizona 2016 Presidential primary, in one Maricopa County polling place for mostly Latino voters, some waited for 4 hours or more in the 80-degree heat to cast their ballots. For the 2016 general election, 3 people collapsed while waiting to vote in an hours-long line in Georgia, and a line to vote in Cincinnati, Ohio was a half-mile long. (11) According to a nationwide study, in 2016, roughly 3 percent of people standing in line at voting locations left before they could vote as a result of long lines. (12) The disenfranchisement that long lines create for voters is not limited to that one election. Research suggests that for each hour would-be voters wait, their probability of voting in the next election drops by 1 percentage point. (13) Congress has the authority under article I, section 4 of the Constitution of the United States to enact laws governing the time, place, and manner of Federal elections. (14) Congress also has authority under section 2 of the 15th Amendment to enforce the right of citizens of the United States to vote, which shall not be denied or abridged by the United States, by legislation. SEC. 3. PREVENTING UNREASONABLE VOTER WAITING TIMES. (a) State Plans Required.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. UNREASONABLE VOTER WAITING TIMES. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(b) Prohibition on Unreasonable Voter Waiting Times.--Each State shall ensure that no person voting in an election for Federal office shall wait for more than 30 minutes at any polling place for purposes of casting a vote in such election. ``(c) Remedial Plans for States With Excessive Voter Wait Times.-- ``(1) Review of voter wait times.--After each election for Federal office, the Commission shall review voter waiting times for each jurisdiction for which voting in such election took place and make publicly available a report on its findings. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(3) Jurisdiction defined.--For purposes of this subsection, the term `jurisdiction' has the meaning given the term `registrar's jurisdiction' in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)). ``(4) Standards.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2022 through 2031, $5,000,000 for each such year for the Commission to carry out this subsection. ``(d) Emergency Ballots.-- ``(1) In general.--In the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office at the time of the failure shall be advised immediately of the individual's right to use an emergency paper ballot, and upon request shall be provided with such an emergency paper ballot for the election and the supplies necessary to mark the ballot. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. ``(3) Disposition of ballot.--Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot.''. (b) Private Right of Action.--Title IV of the Help America Vote Act of 2002 (52 U.S.C. 21111 et seq.) is amended by adding at the end the following new section: ``SEC. 403. PRIVATE RIGHT OF ACTION FOR UNREASONABLE VOTER WAITING TIME. ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. ``(b) Relief.--In any civil action commenced under subsection (a): ``(1) In general.--If the court finds a violation of section 304(b), the court shall assess a civil penalty equal to the sum of-- ``(A) $50; plus ``(B) an additional $50 for each additional hour the person waited at the polling place to cast a vote; plus ``(C) reasonable attorney fees, including litigation expenses, and costs. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1(B) shall be applied by substituting `$150' for `$50'.''. (c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. (d) Clerical Amendments.--The table of contents of the Help America Vote Act of 2002 is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, and by inserting after the item relating to section 303 the following new item: ``Sec. 304. Allocation of election resources.''; and (2) by inserting after the item relating to section 402 the following new item: ``Sec. 403. Private right of action for unreasonable voter waiting time.''. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. MINIMUM REQUIRED VOTING SYSTEMS, POLL WORKERS, AND ELECTION RESOURCES. (a) Minimum Requirements.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Additional Requirements ``SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. ``(a) In General.--Each State shall provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any Federal election and on any days during which such State allows early voting for a Federal election in accordance with the standards determined under section 299. ``(b) Voting Site.--For purposes of this section and section 299, the term `voting site' means a polling location, except that in the case of any polling location that serves more than 1 precinct, such term shall mean a precinct. ``(c) Effective Date.--Each State shall be required to comply with the requirements of this section on and after January 1, 2022.''. (2) Conforming amendment.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and subtitle C''. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title III the following: ``Subtitle C--Additional Requirements ``Sec. 321. Minimum required voting systems and poll workers.''. (b) Standards.-- (1) In general.--Title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle E--Guidance and Standards ``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. ``(a) In General.--Not later than September 15, 2021, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall issue standards regarding the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) required under section 321 on the day of any Federal election and on any days during which early voting is allowed for a Federal election. ``(b) Distribution.-- ``(1) In general.--The standards described in subsection (a) shall provide for a uniform and nondiscriminatory distribution of such systems, workers, and other resources, and shall take into account, among other factors, the following with respect to any voting site (as defined in section 321(b)): ``(A) The voting-age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by such voting site. ``(F) The educational levels and socio-economic factors of the population served by such voting site. ``(G) The needs and numbers of disabled voters and voters with limited English proficiency. ``(H) The type of voting systems used. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. ``(3) Purpose.--To the extent possible, the standards shall provide for a distribution of voting systems, poll workers, and other election resources, with the goals of-- ``(A) ensuring an equal waiting time for all voters in the State; and ``(B) preventing a waiting time of over 30 minutes at any polling place. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(c) Deviation.--The standards described in subsection (a) shall permit States, upon giving reasonable public notice, to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack.''. (2) Conforming amendment.--Section 202 of such Act (52 U.S.C. 20922), as amended by section 3(c), is amended-- (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in subtitle E;''. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Guidance and Standards ``Sec. 299. Standards for establishing the minimum required voting systems and poll workers.''. SEC. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new section: ``campaign activities by chief state election administration officials ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(c) Active Part in Political Management or in a Political Campaign.--The term `active part in political management or in a political campaign' means-- ``(1) serving as a member of an authorized committee of a candidate for Federal office; ``(2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; ``(3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and ``(4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). ``(d) Exception in Case of Recusal From Administration of Elections Involving Election Official or Immediate Family Member.-- ``(1) In general.--This section does not apply to a chief State election administration official with respect to an election for Federal office in which such official or an immediate family member of the official is a candidate, but only if-- ``(A) such official recuses himself or herself from all of the official's responsibilities for the administration of such election; and ``(B) the official who assumes responsibility for supervising the administration of the election does not report directly to such official. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2022. SEC. 6. PAYMENTS TO STATES TO PREVENT UNREASONABLE WAIT TIMES AND PROMOTE WELL-RUN ELECTIONS. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the following: ``PART VII--PAYMENTS FOR PREVENTING UNREASONABLE VOTER WAIT TIMES ``SEC. 297. PAYMENTS TO STATES. ``(a) In General.--The Commission shall make a payment to each eligible State. Such payments shall be made not later than 30 days after the date of enactment of this part. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(c) Use of Funds.--An eligible State shall use the payment received under this part to meet the requirements of section 304 and 321. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). ``(2) Minimum payment amount.--The minimum payment amount described in this paragraph is-- ``(A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and ``(B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, or the United States Virgin Islands, one-tenth of 1 percent of such aggregate amount. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)). ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for payments under this section $500,000,000 for each fiscal year. ``(2) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended.''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 296 the following: ``Part VII--Payments for Preventing Unreasonable Voter Wait Times ``Sec. 297. Payments to States.''. <all>

People Over Long Lines Act (POLL Act)

A bill to amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote.

People Over Long Lines Act (POLL Act)

Sen. Wyden, Ron

D

OR

This bill sets forth provisions related to voting and the administration of federal elections. Specifically, the bill requires states to ensure that voters wait no more than 30 minutes at any polling place to cast their vote in a federal election, establishes a private right of action for voters who experience longer waiting times, and directs the Election Assistance Commission to make payments to eligible states to prevent unreasonable waiting times. Next, the bill requires each state to provide for the minimum required number of voting systems, poll workers, and other election resources for each polling location on the day of any federal election and each day of early voting. The Department of Justice must issue uniform standards regarding the minimum number and distribution of such systems, workers, and other resources. The bill also prohibits a chief state election administration official from taking an active part in political management or in a political campaign with respect to any federal election over which the official has supervisory authority, with certain exceptions.

2. FINDINGS. They were also about 74 percent more likely to wait for more than half an hour. (12) The disenfranchisement that long lines create for voters is not limited to that one election. 3. is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. UNREASONABLE VOTER WAITING TIMES. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2022 through 2031, $5,000,000 for each such year for the Commission to carry out this subsection. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. 21111 et seq.) ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. Allocation of election resources. 4. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title III the following: ``Subtitle C--Additional Requirements ``Sec. 321. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(E) Census data for the population served by such voting site. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. 299. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. 6. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. PAYMENTS TO STATES. Such payments shall be made not later than 30 days after the date of enactment of this part.

2. They were also about 74 percent more likely to wait for more than half an hour. (12) The disenfranchisement that long lines create for voters is not limited to that one election. 3. is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. UNREASONABLE VOTER WAITING TIMES. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2022 through 2031, $5,000,000 for each such year for the Commission to carry out this subsection. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. 21111 et seq.) Allocation of election resources. 4. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. 321. ``(B) Voter turnout in past elections. ``(E) Census data for the population served by such voting site. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. 299. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. 6. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. PAYMENTS TO STATES. Such payments shall be made not later than 30 days after the date of enactment of this part.

2. FINDINGS. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. (2) It is the responsibility of the State and Federal governments to ensure that every eligible citizen is able to register to vote and to cast a ballot. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations. They were also about 74 percent more likely to wait for more than half an hour. (12) The disenfranchisement that long lines create for voters is not limited to that one election. 3. is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. UNREASONABLE VOTER WAITING TIMES. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(3) Jurisdiction defined.--For purposes of this subsection, the term `jurisdiction' has the meaning given the term `registrar's jurisdiction' in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2022 through 2031, $5,000,000 for each such year for the Commission to carry out this subsection. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. 21111 et seq.) ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. Allocation of election resources. 403. 4. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title III the following: ``Subtitle C--Additional Requirements ``Sec. 321. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(E) Census data for the population served by such voting site. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. 299. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. 6. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. PAYMENTS TO STATES. Such payments shall be made not later than 30 days after the date of enactment of this part. ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). 297.

2. FINDINGS. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. (2) It is the responsibility of the State and Federal governments to ensure that every eligible citizen is able to register to vote and to cast a ballot. The Nation has witnessed unprecedented efforts to turn back the clock and erect barriers to voting for communities of color, which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low-income Americans. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations. The results showed one very clear disparity: voters in predominantly Black neighborhoods waited 29 percent longer, on average, than those in White neighborhoods. They were also about 74 percent more likely to wait for more than half an hour. (7) Long lines are estimated to have deterred between 500,000 and 700,000 people from casting their ballot in 2012. (12) The disenfranchisement that long lines create for voters is not limited to that one election. 3. is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. UNREASONABLE VOTER WAITING TIMES. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(3) Jurisdiction defined.--For purposes of this subsection, the term `jurisdiction' has the meaning given the term `registrar's jurisdiction' in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. ``(5) Appropriations.--In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2022 through 2031, $5,000,000 for each such year for the Commission to carry out this subsection. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. 21111 et seq.) ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. Allocation of election resources. 403. 4. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS. (3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title III the following: ``Subtitle C--Additional Requirements ``Sec. 321. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(E) Census data for the population served by such voting site. ``(2) No factor dispositive.--The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. 299. 5. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. 6. (a) In General.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. PAYMENTS TO STATES. Such payments shall be made not later than 30 days after the date of enactment of this part. ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). 297.

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. 3) There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation's democratic process. (5) A 2019 study led by economist Keith Chen of the University of California, Los Angeles, matched anonymous location data from 10,000,000 smartphones to 93,000 polling places to create the most extensive map to date of voter wait times across the United States. 9) Despite the work of the Presidential Commission on Election Administration, long lines continue, particularly in communities of color where racial discrimination in voting is a clear and persistent problem. ( For the 2016 general election, 3 people collapsed while waiting to vote in an hours-long line in Georgia, and a line to vote in Cincinnati, Ohio was a half-mile long. ( 12) The disenfranchisement that long lines create for voters is not limited to that one election. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(c) Remedial Plans for States With Excessive Voter Wait Times.-- ``(1) Review of voter wait times.--After each election for Federal office, the Commission shall review voter waiting times for each jurisdiction for which voting in such election took place and make publicly available a report on its findings. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(4) Standards.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). ``(d) Emergency Ballots.-- ``(1) In general.--In the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office at the time of the failure shall be advised immediately of the individual's right to use an emergency paper ballot, and upon request shall be provided with such an emergency paper ballot for the election and the supplies necessary to mark the ballot. ``(2) Ballot requirements.--Any emergency paper ballot provided under paragraph (1) shall-- ``(A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and ``(B) be available in each language for which other ballots provided at the polling place are available. ``(a) In General.--In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1(B) shall be applied by substituting `$150' for `$50'.''. ( (d) Clerical Amendments.--The table of contents of the Help America Vote Act of 2002 is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, and by inserting after the item relating to section 303 the following new item: ``Sec. ``(a) In General.--Each State shall provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any Federal election and on any days during which such State allows early voting for a Federal election in accordance with the standards determined under section 299. ``(b) Voting Site.--For purposes of this section and section 299, the term `voting site' means a polling location, except that in the case of any polling location that serves more than 1 precinct, such term shall mean a precinct. 2) Conforming amendment.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and subtitle C''. ( ``(b) Distribution.-- ``(1) In general.--The standards described in subsection (a) shall provide for a uniform and nondiscriminatory distribution of such systems, workers, and other resources, and shall take into account, among other factors, the following with respect to any voting site (as defined in section 321(b)): ``(A) The voting-age population. ``(H) The type of voting systems used. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. 3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Guidance and Standards ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. ( b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2022. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)). ``(4) Voting age population proportion defined.--The term `voting age population proportion' means, with respect to a State, the amount equal to the quotient of-- ``(A) the voting age population of the State (as reported in the most recent decennial census); and ``(B) the total voting age population of all States (as reported in the most recent decennial census). ``(2) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended.''. (

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. ( 6) Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters. ( (8) These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard: ``No citizen should have to wait more than 30 minutes to vote.''. ( 10) In the Arizona 2016 Presidential primary, in one Maricopa County polling place for mostly Latino voters, some waited for 4 hours or more in the 80-degree heat to cast their ballots. PREVENTING UNREASONABLE VOTER WAITING TIMES. ( ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. ``(4) Standards.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). ``(3) Disposition of ballot.--Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot.''. ( c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( Allocation of election resources. ''; a) Minimum Requirements.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Additional Requirements ``SEC. Minimum required voting systems and poll workers.''. ( ``(a) In General.--Not later than September 15, 2021, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall issue standards regarding the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) required under section 321 on the day of any Federal election and on any days during which early voting is allowed for a Federal election. ``(C) The number of voters registered. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(c) Deviation.--The standards described in subsection (a) shall permit States, upon giving reasonable public notice, to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack.''. ( 3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Guidance and Standards ``Sec. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. ( b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2022. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 296 the following: ``Part VII--Payments for Preventing Unreasonable Voter Wait Times ``Sec. Payments to States.''.

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. ( 6) Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters. ( (8) These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard: ``No citizen should have to wait more than 30 minutes to vote.''. ( 10) In the Arizona 2016 Presidential primary, in one Maricopa County polling place for mostly Latino voters, some waited for 4 hours or more in the 80-degree heat to cast their ballots. PREVENTING UNREASONABLE VOTER WAITING TIMES. ( ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. ``(4) Standards.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). ``(3) Disposition of ballot.--Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot.''. ( c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( Allocation of election resources. ''; a) Minimum Requirements.-- (1) In general.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Additional Requirements ``SEC. Minimum required voting systems and poll workers.''. ( ``(a) In General.--Not later than September 15, 2021, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall issue standards regarding the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) required under section 321 on the day of any Federal election and on any days during which early voting is allowed for a Federal election. ``(C) The number of voters registered. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(c) Deviation.--The standards described in subsection (a) shall permit States, upon giving reasonable public notice, to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack.''. ( 3) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Guidance and Standards ``Sec. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. ( b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2022. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 296 the following: ``Part VII--Payments for Preventing Unreasonable Voter Wait Times ``Sec. Payments to States.''.

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. 9) Despite the work of the Presidential Commission on Election Administration, long lines continue, particularly in communities of color where racial discrimination in voting is a clear and persistent problem. ( ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) Public notice comment requirement.--The public notice and comment requirements of this paragraph are met if-- ``(A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; ``(B) the State publishes notice that the preliminary version of the plan is so available; and ``(C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(d) Emergency Ballots.-- ``(1) In general.--In the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office at the time of the failure shall be advised immediately of the individual's right to use an emergency paper ballot, and upon request shall be provided with such an emergency paper ballot for the election and the supplies necessary to mark the ballot. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1(B) shall be applied by substituting `$150' for `$50'.''. ( (d) Clerical Amendments.--The table of contents of the Help America Vote Act of 2002 is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, and by inserting after the item relating to section 303 the following new item: ``Sec. ``(b) Distribution.-- ``(1) In general.--The standards described in subsection (a) shall provide for a uniform and nondiscriminatory distribution of such systems, workers, and other resources, and shall take into account, among other factors, the following with respect to any voting site (as defined in section 321(b)): ``(A) The voting-age population. ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)).

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1(B) shall be applied by substituting `$150' for `$50'.''. ( ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)).

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(2) State remedial plans.-- ``(A) Remedial plans.--Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1(B) shall be applied by substituting `$150' for `$50'.''. ( ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(b) Eligible State.--For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)).

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(B) Coordination with attorney general and states.--Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. c) Conforming Amendment.--Section 202 of such Act (52 U.S.C. 20922) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) carrying out the duties described in section 304(c);''. ( ``(4) Special rule regarding electronic poll books.-- Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. ``(d) Amount of Payment.-- ``(1) In general.--The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (

To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. ``(a) State Plans.-- ``(1) In general.--Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. ``(C) Termination.--A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. ``(2) Special rule.--If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304-- ``(A) paragraph (1)(A) shall be applied by substituting `$650' for `$50'; and ``(B) paragraph (1(B) shall be applied by substituting `$150' for `$50'.''. ( ( ``(3) Voting age population proportion amount.--The voting age population proportion amount described in this paragraph is the product of-- ``(A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and ``(B) the voting age population proportion for the State (as defined in paragraph (4)).

People Over Long Lines Act (POLL Act) This bill amends the Help America Vote Act of 2002 to require states to submit to the Election Assistance Commission (EAC) a plan to ensure that voters in elections for federal office do not wait in long lines in order to vote. The EAC must publish the plan on its website within 60 days. The plan must include: ( Amends the Help America Vote Act of 2002 to require each jurisdiction for which the Election Assistance Commission (EAC) determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under this Act, to comply with a State remedial plan to provide for the effective allocation of resources to administer elections for federal office Amends the Help America Vote Act of 2002 to require each state to provide for the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any federal election and on any days during which such state allows early voting for a federal election in accordance with the standards determined under this Act. Requires the standards to Amends the Help America Vote Act of 2002 to require the Federal Election Commission (FEC) to make a payment to each eligible State to prevent unreasonable voter wait times and promote well-run elections. (Currently, such payments are made to states only if the state has filed with the FEC a state plan covering the fiscal year in which it intends to use the funds.) (Currently

S.4108

Armed Forces and National Security

Protection of Civilians in Military Operations Act This bill implements policies and procedures within the Department of Defense (DOD) related to the harm of civilians during U.S. military operations.

To enhance protections of civilians during United States military operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Civilians in Military Operations Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress-- (1) to commend the Department of Defense for its renewed commitment to preventing and addressing harm to civilians resulting from United States military operations and work to develop an action plan to implement meaningful changes to further prevent and address such harm; (2) to agree with the Department that harms to civilians is a tragic and unavoidable part of war, and to recognize that-- (A) the Department endeavors to conduct all military operations in compliance with the international law of armed conflict and the laws of the United States, including distinction, proportionality, and the requirement to take feasible precautions in planning and conducting operations to reduce the risk of harm to civilians and other protected persons and objects; (B) the protection of civilians and other protected persons and objects, in addition to a legal obligation and a strategic interest, is a moral and ethical imperative; (C) despite those commitments, military operations of the United States and partner countries during the two decades before the date of the enactment of this Act have resulted in civilian deaths and injuries, and damage to or destruction of civilian objects including critical infrastructure, in at least Afghanistan, Iraq, Pakistan, Somalia, Syria, and Yemen; and (D) more must be done to improve the protection of civilians; (3) that the Department has submitted to Congress four successive annual reports on civilian casualties resulting from United States military operations for calendar years 2017, 2018, 2019, and 2020, and has updated reports as appropriate; and (4) to recognize the efforts of the Department, both in policy and in practice, to reduce the harm to civilians and other protected persons and objects resulting from United States military operations, and to encourage the Department to make additional progress in-- (A) developing at all combatant commands personnel and offices responsible for advising the commanders of such commands, and integrating into command strategy, the promotion of observance of human rights and the protection of civilians and other protected persons and objects; (B) finalizing and implementing the policy of the Department relating to civilian casualties resulting from United States military operations, as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115- 232; 10 U.S.C. 134 note); (C) finalizing and implementing Department-wide regulations to implement section 1213 of the National Defense Authorization for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2731 note), for ex gratia payments for damage, personal injury, or death that is incident to the use of force by the United States Armed Forces, a coalition that includes the United States, a military organization supporting the United States, or a military organization supporting the United States or such coalition; and (D) professionalizing foreign partner forces to minimize, mitigate, and respond to harm to civilians, including in connection with arms transfers, train and equip programs, advise, assist, accompany, and enable missions, and fully combined and coalition operations. SEC. 3. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. (a) Investigations by Officers Outside Unit or Chain of Command.--A commander in the Armed Forces conducting an administrative investigation, commander directed inquiry, or equivalent investigation of harms to civilians resulting from a United States military operation that was undertaken by one or more units under the command of the commander shall-- (1) to the extent practicable, select as an officer to conduct such investigation an officer in the Armed Forces outside of such units or chain of command; or (2) if selecting an officer outside of such units or chain of command is not practicable, include an explanation in the investigative report and submit to the Center of Excellence described in section 7 a report describing the reasons such a selection was not practicable. (b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. (c) Witness Interviews and Site Visitations in Investigations.-- (1) In general.--Each investigation of harm to civilians resulting from a United States military operation shall, to the extent practicable, include-- (A) interviews (remotely if necessary) of civilian survivors and witnesses (after obtaining their informed consent), including first responders and local medical authorities, and witnesses that may have moved to other locations; and (B) a visit by appropriate members of the United States Armed Forces to each site at which civilian casualties were confirmed or reasonably suspected in connection with such operation. (2) Interviews or visits by alternative personnel.--If the Secretary of Defense determines that an interview described in subparagraph (A) of paragraph (1) or a visit described in subparagraph (B) of that paragraph is not practicable, the Secretary shall-- (A) memorialize, in writing, the justification for such determination; (B) make every reasonable effort to obtain, as the case may be-- (i) such an interview; or (ii) a visit by appropriate military or civilian personnel of a partner or coalition military force, or by personnel of the national government concerned, or a local government, capable of making such a visit in connection with the investigation concerned; and (C) memorialize, in writing-- (i) the results of any interview or visit under subparagraph (B); or (ii) if no interview or visit could be obtained under that subparagraph, the gaps in evidence in the investigation concerned as a result of the lack of such an interview or visit, as the case may be. (d) Consideration of Civil Society Information.--Each investigation of harm to civilians resulting from a United States military operation shall-- (1) to the extent practicable, obtain and incorporate open- source information and civil society documentation regarding the possible incident of harm to civilians; (2) consider all sources of relevant and credible reporting, including information from public reports and nongovernmental sources; and (3) include a reporting mechanism for the receipt and processing of information received under paragraphs (1) and (2) that is relevant to the investigation, including online portals. SEC. 4. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall direct each commander of a geographic combatant command and the Commander of the United States Special Operations Command to coordinate with the Department of State to establish and maintain an uninterrupted line of communication between such commands and the Chief of Mission (or the Chief's designee) in any country in which any such command is conducting military operations in order to assist in the response to reports of harm to civilians resulting from such military operations. (b) Primary Objective.--The primary objective of the line of communication under this section shall be to serve as a channel for fielding and coordinating reports of harm to civilians resulting from United States military operations undertaken by the command concerned in the country or operation concerned. SEC. 5. DATABASE ON REPORTS ON ASSESSMENTS AND INVESTIGATIONS. (a) Database Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and maintain within the Department of Defense a database that preserves and organizes reports of the Department on assessments and investigations of harm to civilians resulting from United States military operations (including reports under section 1057 of the National Defense Authorization Act for Fiscal Year 2018), and the status and results of such assessments and investigations. (b) Searchability.--The database required by subsection (a) shall be searchable by personnel across the Department. (c) Availability to Public.--The public shall have access to, and be able to search, the database required by subsection (a) through an internet website of the Department that is available to the public. For purposes of such access, appropriate information in the database may be maintained in a classified annex in the interests of the national security of the United States, and access to such annex appropriately limited. (d) Update.--The database required by subsection (a) shall be updated not less frequently than once every 30 days. (e) Past Reports on Civilian Harm.--The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. SEC. 6. RESOURCES TO IMPLEMENT DEPARTMENT OF DEFENSE POLICY ON CIVILIAN HARM IN CONNECTION WITH UNITED STATES MILITARY OPERATIONS. (a) Purpose.--The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 134 note). (b) Personnel.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall do the following: (1) Add to, and assign within, each of the United States Central Command, the United States Africa Command, the United States Special Operations Command, the United States European Command, the United States Southern Command, the United States Indo-Pacific Command, and the United States Northern Command not fewer than two personnel who shall have primary responsibility for the following in connection with military operations undertaken by such command: (A) Providing guidance and oversight relating to prevention of and response to harm to civilians, promotion of observance of human rights, and the protection of civilians and civilian infrastructure, including ensuring implementation of the policy of the Department of Defense on harm to civilians resulting from United States military operations. (B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. (C) Receiving reports of harm to civilians and conducting assessments and investigations relating to such harm. (D) Analyzing incidents and trends with respect to harm to civilians, identifying lessons learned, and ensuring that lessons learned are incorporated into updated command guidance and practices. (E) Offering condolences and amends for harm to civilians, including ex gratia payments. (F) Ensuring the integration of activities relating to civilian harm prevention, mitigation, and response, the protection of civilians, and promotion of observance of human rights in security cooperation activities. (G) Working with the Center of Excellence established under section 7. (H) Consulting with non-governmental organizations on civilian harm and human rights matters. (2) Add to, and assign within, the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. (3) Add to, and assign within, the Joint Staff not fewer than two personnel who shall have primary responsibility for the following: (A) Overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. (B) Developing and sharing in the implementation of such policy. (C) Communicating operational guidance on such policy. (c) Training, Software, and Other Requirements.-- (1) In general.--In each of fiscal years 2023 through 2025, the Secretary of Defense and each Secretary of a military department may obligate and expend, from amounts specified in paragraph (2), not more than $5,000,000 for the following: (A) Training related to civilian harm prevention, mitigation, and response. (B) Information technology equipment, support and maintenance, and data storage, in order to implement-- (i) the policy of the Department relating to harms to civilians resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; and (ii) the database required by section 5. (2) Funds.--The funds for a fiscal year specified in this subparagraph are funds as follows: (A) In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide. (B) In the case of a Secretary of a military department, amounts authorized to be appropriated for such fiscal year for operation and maintenance for the components of the Armed Forces under the jurisdiction of such Secretary. SEC. 7. DEPARTMENT OF DEFENSE CENTER OF EXCELLENCE FOR THE PROTECTION OF CIVILIANS. (a) In General.--Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 148 Center of Excellence for the Protection of Civilians ``(a) Center of Excellence for the Protection of Civilians.--There is within the Office of the Secretary of Defense a Center of Excellence for the Protection of Civilians (in this section referred to as the `Center'). ``(b) Functions and Composition.--The Center shall serve as the primary organization in the Department of Defense responsible for-- ``(1) advising the Secretary of Defense and senior United States Government officials on efforts to prevent, mitigate, and respond to harm to civilians during United States military operations; ``(2) ensuring the full implementation of the Department of Defense Instruction on Responding to Civilian Harm in Military Operations and subsequent guidance pertaining to civilian harm prevention, mitigation, and response; ``(3) conducting regular audits of civilian harm prevention, mitigation, and response policies and practices across the Department of Defense, including at the combatant commands, including alignment of Department policies, practices, and other guidance with the law of armed conflict and other applicable international law; ``(4) convening on a quarterly basis an interagency task force to assess progress on civilian harm prevention, mitigation, and response, which shall include the Department of Defense, the Department of State, the Central Intelligence Agency, the United States Agency for International Development, and such other agencies as the President considers appropriate; ``(5) tracking data relating to harm to civilians, analyzing such data over time for trends, and ensuring the public release of such data on a regular basis; ``(6) conducting post-strike assessments and investigations of suspected harm to civilians, including wherever possible interviews with victims and survivors, and in consultation with civil society organizations and relevant United States Government agencies, and publicly releasing all such assessments and investigations with minimal redactions only for legitimately classified information; ``(7) based on post-strike assessments, investigations, and trend analysis, recommending individual amends and remedies for harm to civilians, recommending accountability measures in cases of wrongdoing, and suggesting changes to policy and practice based on findings; ``(8) issuing amends for harm to civilians caused by the use of force by the United States Armed Forces, a coalition that includes the United States, a military organization supporting the United States, or a military organization supporting the United States or such coalition, including formal apologies, ex gratia payments, and other assistance, in consultation with civilian victims, survivors, and their representatives; ``(9) engaging with civil society no less than biannually to ensure the most accurate and comprehensive information about harm to civilians is known to the United States Government and that United States Government efforts to improve civilian harm policies and practice are informed by the experiences and needs of civilians affected by military operations of the United States and partner countries; ``(10) conducting assessments and investigations and reporting on instances of civilian harm that have occurred in the past; and ``(11) ensuring that lessons learned from civilian harm assessments, investigations, and other sources are reflected in updated doctrine, policies, procedures, and practices, and monitoring and assessing implementation of lessons learned. ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. The Director of the Center shall be a civilian with significant experience and expertise relating to the protection of civilians. ``(2) The Director of the Center shall-- ``(A) report directly to the Secretary of Defense; and ``(B) carry out the functions of the Center under subsection (b). ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. ``(e) Access to Intelligence.--The Center shall be provided with access, in accordance with applicable provisions of law, to all intelligence and other reporting possessed or acquired by the United States Government pertaining to harm to civilians resulting from United States military operations. ``(f) Annual Reports.--(1) At the direction of the Secretary of Defense, the Director of the Center shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives an annual report on the activities of the Center. The Director shall also publish an unclassified form of the report on an internet website of the Department available to the public concurrently with its submission to Congress. ``(2) Each report required by paragraph (1) shall include a discussion of-- ``(A) the activities of the Center and its progress toward implementing the functions of the Center under subsection (b); ``(B) the assessment of the Director of United States Government policies and practices for civilian harm prevention, mitigation, and response; ``(C) the recommendations of the Director for improved civilian harm prevention, mitigation, and response policies and practices; and ``(D) the recommendations of the Director for any legislative or other actions necessary to improve the ability of the Center to carry out its functions.''. ``(g) Guidance.--Not later than 120 days after the date of the enactment of this section, the Director of the Center shall, at the direction of the Secretary of Defense and in consultation with civilian victims and survivors, develop further guidance on the provision of amends or condolences for harm to civilians, including monetary and non-monetary mechanisms. ``(h) Funds.--For each of fiscal years 2023 through 2025, there is authorized to be appropriated for the Department of Defense $25,000,000 for the Director to carry out the functions specified in subsections (a) through (g).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 147 the following new item: ``148. Center of Excellence for the Protection of Civilians.''. SEC. 8. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN UNITED STATES MILITARY OPERATIONS. (a) Report.--The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations. (b) Elements.--The report required under subsection (a) shall include the following matters: (1) A description of how the Department of Defense and individual members of the Armed Forces have differentiated between combatants and civilians in both ground and air operations since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including-- (A) relevant policy and legal standards and how these standards were implemented in practice; (B) target engagement criteria; and (C) whether military-aged males were presumptively targetable. (2) A description of how the Department of Defense has differentiated between combatants and civilians when assessing allegations of civilian casualties since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including-- (A) relevant policy and legal standards and the factual indicators these standards were applied to in assessing claims of civilian casualties; and (B) any other matters the Secretary of Defense determines appropriate. (c) Submission of Report.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. (2) Form of report.--The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. SEC. 9. DEFINITIONS. In this Act: (1) Civilian harm.--The term ``harm'', with respect to civilians, means-- (A) injury to, death of, or destruction of property of civilians; and (B) any other harm to civilians caused as a result of the use of force. (2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code. (3) United states military operations.--The term ``United States military operations'' includes any mission, strike, engagement, raid, or incident involving United States Armed Forces. <all>

Protection of Civilians in Military Operations Act

A bill to enhance protections of civilians during United States military operations, and for other purposes.

Protection of Civilians in Military Operations Act

Sen. Warren, Elizabeth

D

MA

This bill implements policies and procedures within the Department of Defense (DOD) related to the harm of civilians during U.S. military operations.

SHORT TITLE. This Act may be cited as the ``Protection of Civilians in Military Operations Act''. 2. SENSE OF CONGRESS. 3. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. (b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. (2) Interviews or visits by alternative personnel.--If the Secretary of Defense determines that an interview described in subparagraph (A) of paragraph (1) or a visit described in subparagraph (B) of that paragraph is not practicable, the Secretary shall-- (A) memorialize, in writing, the justification for such determination; (B) make every reasonable effort to obtain, as the case may be-- (i) such an interview; or (ii) a visit by appropriate military or civilian personnel of a partner or coalition military force, or by personnel of the national government concerned, or a local government, capable of making such a visit in connection with the investigation concerned; and (C) memorialize, in writing-- (i) the results of any interview or visit under subparagraph (B); or (ii) if no interview or visit could be obtained under that subparagraph, the gaps in evidence in the investigation concerned as a result of the lack of such an interview or visit, as the case may be. 4. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. 5. DATABASE ON REPORTS ON ASSESSMENTS AND INVESTIGATIONS. (d) Update.--The database required by subsection (a) shall be updated not less frequently than once every 30 days. (a) Purpose.--The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 134 note). (B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. (D) Analyzing incidents and trends with respect to harm to civilians, identifying lessons learned, and ensuring that lessons learned are incorporated into updated command guidance and practices. (E) Offering condolences and amends for harm to civilians, including ex gratia payments. (H) Consulting with non-governmental organizations on civilian harm and human rights matters. (B) Developing and sharing in the implementation of such policy. 7. ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(f) Annual Reports.--(1) At the direction of the Secretary of Defense, the Director of the Center shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives an annual report on the activities of the Center. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN UNITED STATES MILITARY OPERATIONS. SEC.

This Act may be cited as the ``Protection of Civilians in Military Operations Act''. 2. SENSE OF CONGRESS. 3. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. (b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. 4. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. 5. DATABASE ON REPORTS ON ASSESSMENTS AND INVESTIGATIONS. (a) Purpose.--The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. (B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. (E) Offering condolences and amends for harm to civilians, including ex gratia payments. (B) Developing and sharing in the implementation of such policy. 7. ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN UNITED STATES MILITARY OPERATIONS. SEC.

SHORT TITLE. This Act may be cited as the ``Protection of Civilians in Military Operations Act''. 2. SENSE OF CONGRESS. 3. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. (b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. (2) Interviews or visits by alternative personnel.--If the Secretary of Defense determines that an interview described in subparagraph (A) of paragraph (1) or a visit described in subparagraph (B) of that paragraph is not practicable, the Secretary shall-- (A) memorialize, in writing, the justification for such determination; (B) make every reasonable effort to obtain, as the case may be-- (i) such an interview; or (ii) a visit by appropriate military or civilian personnel of a partner or coalition military force, or by personnel of the national government concerned, or a local government, capable of making such a visit in connection with the investigation concerned; and (C) memorialize, in writing-- (i) the results of any interview or visit under subparagraph (B); or (ii) if no interview or visit could be obtained under that subparagraph, the gaps in evidence in the investigation concerned as a result of the lack of such an interview or visit, as the case may be. 4. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. 5. DATABASE ON REPORTS ON ASSESSMENTS AND INVESTIGATIONS. For purposes of such access, appropriate information in the database may be maintained in a classified annex in the interests of the national security of the United States, and access to such annex appropriately limited. (d) Update.--The database required by subsection (a) shall be updated not less frequently than once every 30 days. 6. (a) Purpose.--The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 134 note). (B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. (D) Analyzing incidents and trends with respect to harm to civilians, identifying lessons learned, and ensuring that lessons learned are incorporated into updated command guidance and practices. (E) Offering condolences and amends for harm to civilians, including ex gratia payments. (H) Consulting with non-governmental organizations on civilian harm and human rights matters. (B) Developing and sharing in the implementation of such policy. 7. ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. ``(f) Annual Reports.--(1) At the direction of the Secretary of Defense, the Director of the Center shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives an annual report on the activities of the Center. ``(h) Funds.--For each of fiscal years 2023 through 2025, there is authorized to be appropriated for the Department of Defense $25,000,000 for the Director to carry out the functions specified in subsections (a) through (g).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 147 the following new item: ``148. Center of Excellence for the Protection of Civilians.''. 8. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN UNITED STATES MILITARY OPERATIONS. (2) A description of how the Department of Defense has differentiated between combatants and civilians when assessing allegations of civilian casualties since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including-- (A) relevant policy and legal standards and the factual indicators these standards were applied to in assessing claims of civilian casualties; and (B) any other matters the Secretary of Defense determines appropriate. SEC. 9.

SHORT TITLE. This Act may be cited as the ``Protection of Civilians in Military Operations Act''. 2. SENSE OF CONGRESS. 3. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. (b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. (2) Interviews or visits by alternative personnel.--If the Secretary of Defense determines that an interview described in subparagraph (A) of paragraph (1) or a visit described in subparagraph (B) of that paragraph is not practicable, the Secretary shall-- (A) memorialize, in writing, the justification for such determination; (B) make every reasonable effort to obtain, as the case may be-- (i) such an interview; or (ii) a visit by appropriate military or civilian personnel of a partner or coalition military force, or by personnel of the national government concerned, or a local government, capable of making such a visit in connection with the investigation concerned; and (C) memorialize, in writing-- (i) the results of any interview or visit under subparagraph (B); or (ii) if no interview or visit could be obtained under that subparagraph, the gaps in evidence in the investigation concerned as a result of the lack of such an interview or visit, as the case may be. 4. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. 5. DATABASE ON REPORTS ON ASSESSMENTS AND INVESTIGATIONS. For purposes of such access, appropriate information in the database may be maintained in a classified annex in the interests of the national security of the United States, and access to such annex appropriately limited. (d) Update.--The database required by subsection (a) shall be updated not less frequently than once every 30 days. 6. (a) Purpose.--The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 134 note). (B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. (D) Analyzing incidents and trends with respect to harm to civilians, identifying lessons learned, and ensuring that lessons learned are incorporated into updated command guidance and practices. (E) Offering condolences and amends for harm to civilians, including ex gratia payments. (H) Consulting with non-governmental organizations on civilian harm and human rights matters. (2) Add to, and assign within, the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. (B) Developing and sharing in the implementation of such policy. 7. ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. ``(f) Annual Reports.--(1) At the direction of the Secretary of Defense, the Director of the Center shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives an annual report on the activities of the Center. The Director shall also publish an unclassified form of the report on an internet website of the Department available to the public concurrently with its submission to Congress. ``(g) Guidance.--Not later than 120 days after the date of the enactment of this section, the Director of the Center shall, at the direction of the Secretary of Defense and in consultation with civilian victims and survivors, develop further guidance on the provision of amends or condolences for harm to civilians, including monetary and non-monetary mechanisms. ``(h) Funds.--For each of fiscal years 2023 through 2025, there is authorized to be appropriated for the Department of Defense $25,000,000 for the Director to carry out the functions specified in subsections (a) through (g).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 147 the following new item: ``148. Center of Excellence for the Protection of Civilians.''. 8. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN UNITED STATES MILITARY OPERATIONS. (2) A description of how the Department of Defense has differentiated between combatants and civilians when assessing allegations of civilian casualties since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including-- (A) relevant policy and legal standards and the factual indicators these standards were applied to in assessing claims of civilian casualties; and (B) any other matters the Secretary of Defense determines appropriate. SEC. 9. DEFINITIONS.

To enhance protections of civilians during United States military operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. ( (b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. ( COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. ( a) Database Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and maintain within the Department of Defense a database that preserves and organizes reports of the Department on assessments and investigations of harm to civilians resulting from United States military operations (including reports under section 1057 of the National Defense Authorization Act for Fiscal Year 2018), and the status and results of such assessments and investigations. (b) Searchability.--The database required by subsection (a) shall be searchable by personnel across the Department. ( e) Past Reports on Civilian Harm.--The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. ( D) Analyzing incidents and trends with respect to harm to civilians, identifying lessons learned, and ensuring that lessons learned are incorporated into updated command guidance and practices. ( (G) Working with the Center of Excellence established under section 7. ( 2) Add to, and assign within, the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. ( (B) Information technology equipment, support and maintenance, and data storage, in order to implement-- (i) the policy of the Department relating to harms to civilians resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; and (ii) the database required by section 5. ( 2) Funds.--The funds for a fiscal year specified in this subparagraph are funds as follows: (A) In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide. ( ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. The Director shall also publish an unclassified form of the report on an internet website of the Department available to the public concurrently with its submission to Congress. ``(h) Funds.--For each of fiscal years 2023 through 2025, there is authorized to be appropriated for the Department of Defense $25,000,000 for the Director to carry out the functions specified in subsections (a) through (g).''. ( Center of Excellence for the Protection of Civilians.''. a) Report.--The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations. ( (c) Submission of Report.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. ( 2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code. (

To enhance protections of civilians during United States military operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. ( b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. b) Primary Objective.--The primary objective of the line of communication under this section shall be to serve as a channel for fielding and coordinating reports of harm to civilians resulting from United States military operations undertaken by the command concerned in the country or operation concerned. b) Searchability.--The database required by subsection (a) shall be searchable by personnel across the Department. ( (e) Past Reports on Civilian Harm.--The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. ( (H) Consulting with non-governmental organizations on civilian harm and human rights matters. ( 2) Add to, and assign within, the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. ( B) Developing and sharing in the implementation of such policy. ( 148 Center of Excellence for the Protection of Civilians ``(a) Center of Excellence for the Protection of Civilians.--There is within the Office of the Secretary of Defense a Center of Excellence for the Protection of Civilians (in this section referred to as the `Center'). ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. ``(g) Guidance.--Not later than 120 days after the date of the enactment of this section, the Director of the Center shall, at the direction of the Secretary of Defense and in consultation with civilian victims and survivors, develop further guidance on the provision of amends or condolences for harm to civilians, including monetary and non-monetary mechanisms. b) Elements.--The report required under subsection (a) shall include the following matters: (1) A description of how the Department of Defense and individual members of the Armed Forces have differentiated between combatants and civilians in both ground and air operations since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including-- (A) relevant policy and legal standards and how these standards were implemented in practice; (B) target engagement criteria; and (C) whether military-aged males were presumptively targetable. ( (c) Submission of Report.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. ( 2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code. (

To enhance protections of civilians during United States military operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. ( b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. b) Primary Objective.--The primary objective of the line of communication under this section shall be to serve as a channel for fielding and coordinating reports of harm to civilians resulting from United States military operations undertaken by the command concerned in the country or operation concerned. b) Searchability.--The database required by subsection (a) shall be searchable by personnel across the Department. ( (e) Past Reports on Civilian Harm.--The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. ( (H) Consulting with non-governmental organizations on civilian harm and human rights matters. ( 2) Add to, and assign within, the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. ( B) Developing and sharing in the implementation of such policy. ( 148 Center of Excellence for the Protection of Civilians ``(a) Center of Excellence for the Protection of Civilians.--There is within the Office of the Secretary of Defense a Center of Excellence for the Protection of Civilians (in this section referred to as the `Center'). ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. ``(g) Guidance.--Not later than 120 days after the date of the enactment of this section, the Director of the Center shall, at the direction of the Secretary of Defense and in consultation with civilian victims and survivors, develop further guidance on the provision of amends or condolences for harm to civilians, including monetary and non-monetary mechanisms. b) Elements.--The report required under subsection (a) shall include the following matters: (1) A description of how the Department of Defense and individual members of the Armed Forces have differentiated between combatants and civilians in both ground and air operations since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including-- (A) relevant policy and legal standards and how these standards were implemented in practice; (B) target engagement criteria; and (C) whether military-aged males were presumptively targetable. ( (c) Submission of Report.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. ( 2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code. (

To enhance protections of civilians during United States military operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. ( (b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. ( COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. ( a) Database Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and maintain within the Department of Defense a database that preserves and organizes reports of the Department on assessments and investigations of harm to civilians resulting from United States military operations (including reports under section 1057 of the National Defense Authorization Act for Fiscal Year 2018), and the status and results of such assessments and investigations. (b) Searchability.--The database required by subsection (a) shall be searchable by personnel across the Department. ( e) Past Reports on Civilian Harm.--The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. ( D) Analyzing incidents and trends with respect to harm to civilians, identifying lessons learned, and ensuring that lessons learned are incorporated into updated command guidance and practices. ( (G) Working with the Center of Excellence established under section 7. ( 2) Add to, and assign within, the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. ( (B) Information technology equipment, support and maintenance, and data storage, in order to implement-- (i) the policy of the Department relating to harms to civilians resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; and (ii) the database required by section 5. ( 2) Funds.--The funds for a fiscal year specified in this subparagraph are funds as follows: (A) In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide. ( ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. The Director shall also publish an unclassified form of the report on an internet website of the Department available to the public concurrently with its submission to Congress. ``(h) Funds.--For each of fiscal years 2023 through 2025, there is authorized to be appropriated for the Department of Defense $25,000,000 for the Director to carry out the functions specified in subsections (a) through (g).''. ( Center of Excellence for the Protection of Civilians.''. a) Report.--The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations. ( (c) Submission of Report.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. ( 2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code. (

To enhance protections of civilians during United States military operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. ( b) Separation of Investigative Personnel From Personnel Involved in Operations.--The military or civilian personnel of the Armed Forces who conduct an investigation on civilian casualties resulting from a United States military operation shall, to the extent practicable, be operationally separate from members of the Armed Forces who were directly involved in such operation. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND SPECIAL OPERATIONS COMMAND AND THE DEPARTMENT OF STATE. b) Primary Objective.--The primary objective of the line of communication under this section shall be to serve as a channel for fielding and coordinating reports of harm to civilians resulting from United States military operations undertaken by the command concerned in the country or operation concerned. b) Searchability.--The database required by subsection (a) shall be searchable by personnel across the Department. ( (e) Past Reports on Civilian Harm.--The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command. ( (H) Consulting with non-governmental organizations on civilian harm and human rights matters. ( 2) Add to, and assign within, the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations. ( B) Developing and sharing in the implementation of such policy. ( 148 Center of Excellence for the Protection of Civilians ``(a) Center of Excellence for the Protection of Civilians.--There is within the Office of the Secretary of Defense a Center of Excellence for the Protection of Civilians (in this section referred to as the `Center'). ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. ``(g) Guidance.--Not later than 120 days after the date of the enactment of this section, the Director of the Center shall, at the direction of the Secretary of Defense and in consultation with civilian victims and survivors, develop further guidance on the provision of amends or condolences for harm to civilians, including monetary and non-monetary mechanisms. b) Elements.--The report required under subsection (a) shall include the following matters: (1) A description of how the Department of Defense and individual members of the Armed Forces have differentiated between combatants and civilians in both ground and air operations since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including-- (A) relevant policy and legal standards and how these standards were implemented in practice; (B) target engagement criteria; and (C) whether military-aged males were presumptively targetable. ( (c) Submission of Report.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. ( 2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code. (

To enhance protections of civilians during United States military operations, and for other purposes. a) Database Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and maintain within the Department of Defense a database that preserves and organizes reports of the Department on assessments and investigations of harm to civilians resulting from United States military operations (including reports under section 1057 of the National Defense Authorization Act for Fiscal Year 2018), and the status and results of such assessments and investigations. ( ( e) Past Reports on Civilian Harm.--The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. B) Information technology equipment, support and maintenance, and data storage, in order to implement-- (i) the policy of the Department relating to harms to civilians resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; and (ii) the database required by section 5. ( 2) Funds.--The funds for a fiscal year specified in this subparagraph are funds as follows: (A) In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide. ( ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. a) Report.--The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations. ( ( c) Submission of Report.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. (

To enhance protections of civilians during United States military operations, and for other purposes. b) Primary Objective.--The primary objective of the line of communication under this section shall be to serve as a channel for fielding and coordinating reports of harm to civilians resulting from United States military operations undertaken by the command concerned in the country or operation concerned. 148 Center of Excellence for the Protection of Civilians ``(a) Center of Excellence for the Protection of Civilians.--There is within the Office of the Secretary of Defense a Center of Excellence for the Protection of Civilians (in this section referred to as the `Center'). ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations.

To enhance protections of civilians during United States military operations, and for other purposes. a) Database Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and maintain within the Department of Defense a database that preserves and organizes reports of the Department on assessments and investigations of harm to civilians resulting from United States military operations (including reports under section 1057 of the National Defense Authorization Act for Fiscal Year 2018), and the status and results of such assessments and investigations. ( ( e) Past Reports on Civilian Harm.--The database required by subsection (a) shall include, to the extent practicable, any Department of Defense reports already conducted on assessments and investigations of harm to civilians resulting from United States military operations between January 1, 2001, and the date of the enactment of this Act, as well as any reports conducted retroactively. B) Information technology equipment, support and maintenance, and data storage, in order to implement-- (i) the policy of the Department relating to harms to civilians resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; and (ii) the database required by section 5. ( 2) Funds.--The funds for a fiscal year specified in this subparagraph are funds as follows: (A) In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide. ( ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. a) Report.--The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations. ( ( c) Submission of Report.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment under this section, together with the views of the Secretary on the assessment. (

To enhance protections of civilians during United States military operations, and for other purposes. b) Primary Objective.--The primary objective of the line of communication under this section shall be to serve as a channel for fielding and coordinating reports of harm to civilians resulting from United States military operations undertaken by the command concerned in the country or operation concerned. 148 Center of Excellence for the Protection of Civilians ``(a) Center of Excellence for the Protection of Civilians.--There is within the Office of the Secretary of Defense a Center of Excellence for the Protection of Civilians (in this section referred to as the `Center'). ``(c) Director.--(1) There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Secretary of Defense. ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations.

To enhance protections of civilians during United States military operations, and for other purposes. a) Database Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and maintain within the Department of Defense a database that preserves and organizes reports of the Department on assessments and investigations of harm to civilians resulting from United States military operations (including reports under section 1057 of the National Defense Authorization Act for Fiscal Year 2018), and the status and results of such assessments and investigations. ( ( ( ``(d) Staff.--The Center shall have sufficient staff to carry out the functions of the Center under subsection (b), including-- ``(1) a general officer (as defined in section 101(b) of this title) with significant experience and expertise on the protection of civilians; and ``(2) analysts and investigators detailed from the Department of State, the United States Agency for International Development, the Central Intelligence Agency, and civil society organizations. a) Report.--The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations. ( (

Protection of Civilians in Military Operations Act This bill expresses the sense of Congress that: (1) the Department of Defense (DOD) should continue to work to prevent and address harm to civilians resulting from U.S. military operations and work to develop an action plan to implement meaningful changes; (2) harms to civilians are a tragic and unavoidable part of war; and ( Directs each commander of a geographic combatant command and the Commander of the U.S. Special Operations Command to coordinate with the Department of State to establish and maintain an uninterrupted line of communication between such commands and the Chief of Mission (or the Chief's designee) in any country in which any such command is conducting military operations to assist in the response to reports of harm to civilians This bill establishes within the Office of the Secretary of Defense (DOD) a Center of Excellence for the Protection of Civilians to serve as the primary organization in DOD responsible for: (1) advising DOD and senior U.S. government officials on efforts to prevent, mitigate, and respond to harm to civilians during U. S. military operations; (2) ensuring the full implementation Directs the Secretary of Defense to seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense (DOD) practices regarding distinguishing between combatants and civilians in U.S. military operations. (Sec. 8) Requires the report to include: (1) a description of how DOD and individual members of the Armed Forces have differentiated

S.1840

Government Operations and Politics

Deceptive Practices and Voter Intimidation Prevention Act of 2021 This bill generally prohibits deceptive practices, false statements, and voter interference regarding federal elections. Specifically, the bill prohibits any person, within 60 days before a federal election, from communicating, causing to be communicated, or producing for communication certain information on voting, if the person (1) knows such information to be materially false, and (2) has the intent to impede or prevent another person from exercising the right to vote in an election. The bill also prohibits false statements regarding public endorsements and hindering, interfering with, or preventing voting or registering to vote. A private right of action for preventive relief is established for persons aggrieved by violations of these prohibitions. Criminal penalties are also established for violations. If the Department of Justice (DOJ) receives a credible report that materially false information has been or is being communicated in violation of these prohibitions, and state and local election officials have not adequately communicated corrected information, DOJ must communicate to the public accurate information designed to correct the materially false information.

To prohibit deceptive practices in Federal elections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The right to vote by casting a ballot for one's preferred candidate is a fundamental right accorded to United States citizens by the Constitution, and the unimpeded exercise of this right is essential to the functioning of our democracy. (2) Historically, certain citizens, especially racial, ethnic, and language minorities, were prevented from voting because of significant barriers such as literacy tests, poll taxes, and property ownership requirements. (3) Some of these barriers were removed by the 15th, 19th, and 24th Amendments to the Constitution. (4) Despite the elimination of some of these barriers to the polls, the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout. These tactics include ``deceptive practices,'' which involve the dissemination of false or misleading information intended to prevent voters from casting their ballots, prevent voters from voting for the candidate of their choice, intimidate the electorate, and undermine the integrity of the electoral process. (5) Furthermore, since the decision in Shelby County v. Holder in which the Supreme Court struck down the coverage formula used by the Voting Rights Act of 1965 to determine which States with a history of racial discrimination must affirmatively receive government permission before changing local voting laws, there have been Federal court decisions finding or affirming that States or localities intentionally discriminated against African Americans and other voters of color. (6) Denials of the right to vote, and deceptive practices designed to prevent members of racial, ethnic, and language minorities from exercising that right, are an outgrowth of discriminatory history, including slavery. Measures to combat denials of that right are a legitimate exercise of congressional power under article I, section 4 and article II, section 1 of, and the 14th and 15th Amendments to, the United States Constitution. (7) For the last few decades, there have been a number of instances of deceptive or intimidating practices aimed towards suppressing minority access to the voting booth that demonstrates the need for strengthened protections. (8) In addition, in at least one instance in 1990, thousands of voters reportedly received postcards providing false information about voter eligibility and warnings about criminal penalties for voter fraud. Most of the voters who received the postcards were African-American. (9) During the 2004 elections, Native American voters in South Dakota reported being required to provide photographic identification in order to vote, despite the fact that neither State nor Federal law required such identification. (10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. (11) In 2008, fliers were distributed in predominantly African-American neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on election day. In the same year, there were reports of people receiving text messages on election day asking them to wait until the following day to vote. (12) In 2012, there were reports of voters receiving calls falsely informing them that they could vote via telephone. (13) On January 6, 2017, the Office of the Director of National Intelligence published a report titled ``Assessing Russian Activities and Intentions in Recent U.S. Elections'', noting that ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the U.S. Presidential election.''. Moscow's influence campaign followed a Russian messaging strategy that blends covert intelligence operation-- such as cyber activity--with overt efforts by Russian Government agencies, State-funded media, third-party intermediaries, and paid social media users or ``trolls.'' These influence operations included messaging that targeted African-American voters with misinformation. (14) On April 18, 2019, Special Counsel Robert Mueller released a report titled ``Report on the Investigation into Russian Interference in the 2016 Presidential Election'', which concluded that ``the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.''. The report details that Russia interfered in the 2016 presidential election principally through two operations: first, through a Russian government sponsored social media influence campaign, and second, by Russian intelligence ``computer-intrusion'' operations against those associated with both presidential campaigns. The Mueller Report details how Russian agents intentionally targeted black social justice groups and created fake accounts purporting to represent black social justice groups in order to spread disinformation and sow division. (15) Social media makes the mass dissemination of misleading information easy and allows perpetrators to target particular audiences with precision. One analysis documented hundreds of messages on Facebook and Twitter designed to discourage or prevent people from voting in the 2018 election. In 2016, these false statements were extremely prevalent with both domestic and foreign actors. Russian operatives engaged in a concerted disinformation and propaganda campaign over the internet that aimed, in part, to suppress voter turnout, especially among Black voters. These efforts by the Russian government continued and became more aggressive in the 2020 election cycle. (16) During the 2020 presidential election, Texas voters received robocalls stating that the Democratic primary would be taking place after its actual date. In the same year, communities of color in Michigan, Pennsylvania, Ohio, Illinois, and New York were targeted by robocalls sharing false information about how their data would be shared if they voted by mail. Widespread disinformation was targeted at Latino communities in Florida and other States, particularly through social media. (17) During the 2020 presidential election, voters in some precincts faced voter intimidation during early voting and on election day. The Election Protection hotline received nearly 32,000 calls on election day. Reports from the Voting Rights Defender and Prepared to Vote project teams and the NAACP Legal Defense and Educational Fund, Inc. showed that minority voters were disproportionately impacted by voter intimidation. Incidents included 3,000,000 robocalls telling people to stay home on election day and armed people at polling sites on election day in Florida, North Carolina, and Louisiana. Additionally, election officials, volunteers, and electors faced unprecedented intimidation including doxxing, death threats, and other intimidating communication. (18) Those responsible for these and similar efforts should be held accountable, and civil and criminal penalties should be available to punish anyone who seeks to keep voters away from the polls by providing false information. (19) Moreover, the Federal Government should help correct such false information in order to assist voters in exercising their right to vote without confusion and to preserve the integrity of the electoral process. (20) The Federal Government has a compelling interest in ``protecting voters from confusion and undue influence'' and in ``preserving the integrity of its election process''. Burson v. Freeman, 504 U.S. 191, 199 (1992). (21) The First Amendment does not preclude the regulation of some intentionally false speech, even if it is political in nature. As the Supreme Court of the United States has recognized, ``[t]hat speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. For the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected. . . . Hence the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.''. Garrison v. Louisiana, 379 U.S. 64, 75 (1964). SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. (a) Prohibition.--Subsection (b) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)) is amended-- (1) by striking ``No person'' and inserting the following: ``(1) In general.--No person''; and (2) by inserting at the end the following new paragraphs: ``(2) False statements regarding federal elections.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(4) Hindering, interfering with, or preventing voting or registering to vote.--No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5). ``(5) Election described.--An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (b) Private Right of Action.-- (1) In general.--Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) is amended-- (A) by striking ``Whenever any person'' and inserting the following: ``(1) Whenever any person''; and (B) by adding at the end the following new paragraph: ``(2) Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Conforming amendments.-- (A) Subsection (e) of section 2004 of the Revised Statutes (52 U.S.C. 10101(e)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (B) Subsection (g) of section 2004 of the Revised Statutes (52 U.S.C. 10101(g)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (c) Criminal Penalties.-- (1) Deceptive acts.--Section 594 of title 18, United States Code, is amended-- (A) by striking ``Whoever'' and inserting the following: ``(a) Intimidation.--Whoever''; (B) in subsection (a), as inserted by subparagraph (A), by striking ``at any election'' and inserting ``at any general, primary, run-off, or special election''; and (C) by adding at the end the following new subsections: ``(b) Deceptive Acts.-- ``(1) False statements regarding federal elections.-- ``(A) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to mislead voters, or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(c) Hindering, Interfering With, or Preventing Voting or Registering To Vote.-- ``(1) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(d) Attempt.--Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(e) Election Described.--An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (3) Sentencing guidelines.-- (A) Review and amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by striking ``either for registration to vote or for voting'' and inserting ``for registration to vote, for voting, or for not voting''. SEC. 4. CORRECTIVE ACTION. (a) Corrective Action.-- (1) In general.--If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written Procedures and Standards for Taking Corrective Action.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines.--The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation.--In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. SEC. 5. REPORTS TO CONGRESS. (a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. (b) Contents.-- (1) In general.--Each report submitted under subsection (a) shall include-- (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by section 3(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 3(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report Made Public.--On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. SEC. 6. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding. <all>

Deceptive Practices and Voter Intimidation Prevention Act of 2021

A bill to prohibit deceptive practices in Federal elections.

Deceptive Practices and Voter Intimidation Prevention Act of 2021

Sen. Cardin, Benjamin L.

D

MD

This bill generally prohibits deceptive practices, false statements, and voter interference regarding federal elections. Specifically, the bill prohibits any person, within 60 days before a federal election, from communicating, causing to be communicated, or producing for communication certain information on voting, if the person (1) knows such information to be materially false, and (2) has the intent to impede or prevent another person from exercising the right to vote in an election. The bill also prohibits false statements regarding public endorsements and hindering, interfering with, or preventing voting or registering to vote. A private right of action for preventive relief is established for persons aggrieved by violations of these prohibitions. Criminal penalties are also established for violations. If the Department of Justice (DOJ) receives a credible report that materially false information has been or is being communicated in violation of these prohibitions, and state and local election officials have not adequately communicated corrected information, DOJ must communicate to the public accurate information designed to correct the materially false information.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (4) Despite the elimination of some of these barriers to the polls, the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout. Most of the voters who received the postcards were African-American. The report details that Russia interfered in the 2016 presidential election principally through two operations: first, through a Russian government sponsored social media influence campaign, and second, by Russian intelligence ``computer-intrusion'' operations against those associated with both presidential campaigns. As the Supreme Court of the United States has recognized, ``[t]hat speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (2) Conforming amendments.-- (A) Subsection (e) of section 2004 of the Revised Statutes (52 U.S.C. ``(e) Election Described.--An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. CORRECTIVE ACTION. 5. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (iii) Any information concerning a criminal or civil proceeding conducted under seal. SEC. 6.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. Most of the voters who received the postcards were African-American. The report details that Russia interfered in the 2016 presidential election principally through two operations: first, through a Russian government sponsored social media influence campaign, and second, by Russian intelligence ``computer-intrusion'' operations against those associated with both presidential campaigns. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (2) Conforming amendments.-- (A) Subsection (e) of section 2004 of the Revised Statutes (52 U.S.C. ``(e) Election Described.--An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. CORRECTIVE ACTION. 5. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (iii) Any information concerning a criminal or civil proceeding conducted under seal. SEC. 6.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (4) Despite the elimination of some of these barriers to the polls, the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout. Most of the voters who received the postcards were African-American. The report details that Russia interfered in the 2016 presidential election principally through two operations: first, through a Russian government sponsored social media influence campaign, and second, by Russian intelligence ``computer-intrusion'' operations against those associated with both presidential campaigns. One analysis documented hundreds of messages on Facebook and Twitter designed to discourage or prevent people from voting in the 2018 election. (16) During the 2020 presidential election, Texas voters received robocalls stating that the Democratic primary would be taking place after its actual date. Widespread disinformation was targeted at Latino communities in Florida and other States, particularly through social media. As the Supreme Court of the United States has recognized, ``[t]hat speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (2) Conforming amendments.-- (A) Subsection (e) of section 2004 of the Revised Statutes (52 U.S.C. ``(e) Election Described.--An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. CORRECTIVE ACTION. 5. (b) Contents.-- (1) In general.--Each report submitted under subsection (a) shall include-- (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 U.S.C. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (iii) Any information concerning a criminal or civil proceeding conducted under seal. SEC. 6. If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (4) Despite the elimination of some of these barriers to the polls, the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout. Most of the voters who received the postcards were African-American. (10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. (12) In 2012, there were reports of voters receiving calls falsely informing them that they could vote via telephone. The report details that Russia interfered in the 2016 presidential election principally through two operations: first, through a Russian government sponsored social media influence campaign, and second, by Russian intelligence ``computer-intrusion'' operations against those associated with both presidential campaigns. The Mueller Report details how Russian agents intentionally targeted black social justice groups and created fake accounts purporting to represent black social justice groups in order to spread disinformation and sow division. (15) Social media makes the mass dissemination of misleading information easy and allows perpetrators to target particular audiences with precision. One analysis documented hundreds of messages on Facebook and Twitter designed to discourage or prevent people from voting in the 2018 election. (16) During the 2020 presidential election, Texas voters received robocalls stating that the Democratic primary would be taking place after its actual date. Widespread disinformation was targeted at Latino communities in Florida and other States, particularly through social media. Additionally, election officials, volunteers, and electors faced unprecedented intimidation including doxxing, death threats, and other intimidating communication. As the Supreme Court of the United States has recognized, ``[t]hat speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. Garrison v. Louisiana, 379 U.S. 64, 75 (1964). 3. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Conforming amendments.-- (A) Subsection (e) of section 2004 of the Revised Statutes (52 U.S.C. 10101(g)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. ``(d) Attempt.--Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(e) Election Described.--An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. CORRECTIVE ACTION. (2) Inclusion of appropriate deadlines.--The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. 5. (b) Contents.-- (1) In general.--Each report submitted under subsection (a) shall include-- (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 U.S.C. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (iii) Any information concerning a criminal or civil proceeding conducted under seal. SEC. 6. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding.

To prohibit deceptive practices in Federal elections. 4) Despite the elimination of some of these barriers to the polls, the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout. (5) Furthermore, since the decision in Shelby County v. Holder in which the Supreme Court struck down the coverage formula used by the Voting Rights Act of 1965 to determine which States with a history of racial discrimination must affirmatively receive government permission before changing local voting laws, there have been Federal court decisions finding or affirming that States or localities intentionally discriminated against African Americans and other voters of color. ( 7) For the last few decades, there have been a number of instances of deceptive or intimidating practices aimed towards suppressing minority access to the voting booth that demonstrates the need for strengthened protections. ( (10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. ( 11) In 2008, fliers were distributed in predominantly African-American neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on election day. (14) On April 18, 2019, Special Counsel Robert Mueller released a report titled ``Report on the Investigation into Russian Interference in the 2016 Presidential Election'', which concluded that ``the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.''. One analysis documented hundreds of messages on Facebook and Twitter designed to discourage or prevent people from voting in the 2018 election. In the same year, communities of color in Michigan, Pennsylvania, Ohio, Illinois, and New York were targeted by robocalls sharing false information about how their data would be shared if they voted by mail. 17) During the 2020 presidential election, voters in some precincts faced voter intimidation during early voting and on election day. (20) The Federal Government has a compelling interest in ``protecting voters from confusion and undue influence'' and in ``preserving the integrity of its election process''. 21) The First Amendment does not preclude the regulation of some intentionally false speech, even if it is political in nature. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(5) Election described.--An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. ( B) Subsection (g) of section 2004 of the Revised Statutes (52 U.S.C. 10101(g)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(d) Attempt.--Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. ( B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. ( 2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written Procedures and Standards for Taking Corrective Action.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. ( 2) Inclusion of appropriate deadlines.--The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. ( 2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. ( iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (

To prohibit deceptive practices in Federal elections. Congress makes the following findings: (1) The right to vote by casting a ballot for one's preferred candidate is a fundamental right accorded to United States citizens by the Constitution, and the unimpeded exercise of this right is essential to the functioning of our democracy. ( 2) Historically, certain citizens, especially racial, ethnic, and language minorities, were prevented from voting because of significant barriers such as literacy tests, poll taxes, and property ownership requirements. ( (7) For the last few decades, there have been a number of instances of deceptive or intimidating practices aimed towards suppressing minority access to the voting booth that demonstrates the need for strengthened protections. ( 11) In 2008, fliers were distributed in predominantly African-American neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on election day. 12) In 2012, there were reports of voters receiving calls falsely informing them that they could vote via telephone. ( (14) On April 18, 2019, Special Counsel Robert Mueller released a report titled ``Report on the Investigation into Russian Interference in the 2016 Presidential Election'', which concluded that ``the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.''. These efforts by the Russian government continued and became more aggressive in the 2020 election cycle. ( In the same year, communities of color in Michigan, Pennsylvania, Ohio, Illinois, and New York were targeted by robocalls sharing false information about how their data would be shared if they voted by mail. Incidents included 3,000,000 robocalls telling people to stay home on election day and armed people at polling sites on election day in Florida, North Carolina, and Louisiana. As the Supreme Court of the United States has recognized, ``[t]hat speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. Hence the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.''. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(4) Hindering, interfering with, or preventing voting or registering to vote.--No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5). b) Private Right of Action.-- (1) In general.--Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) is amended-- (A) by striking ``Whenever any person'' and inserting the following: ``(1) Whenever any person''; and (B) by adding at the end the following new paragraph: ``(2) Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(d) Attempt.--Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. 2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. ( 10101(b)), as added by section 3(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. ( a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. ( 2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. ( (c) Report Made Public.--On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding.

To prohibit deceptive practices in Federal elections. 11) In 2008, fliers were distributed in predominantly African-American neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on election day. 12) In 2012, there were reports of voters receiving calls falsely informing them that they could vote via telephone. ( ( ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. ( If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding.

To prohibit deceptive practices in Federal elections. 10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. ( (14) On April 18, 2019, Special Counsel Robert Mueller released a report titled ``Report on the Investigation into Russian Interference in the 2016 Presidential Election'', which concluded that ``the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.''. In the same year, communities of color in Michigan, Pennsylvania, Ohio, Illinois, and New York were targeted by robocalls sharing false information about how their data would be shared if they voted by mail. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. 2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. ( ( 2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. ( 2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. ( ( iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (

To prohibit deceptive practices in Federal elections. 11) In 2008, fliers were distributed in predominantly African-American neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on election day. 12) In 2012, there were reports of voters receiving calls falsely informing them that they could vote via telephone. ( ( ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. ( If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding.

To prohibit deceptive practices in Federal elections. 10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. ( (14) On April 18, 2019, Special Counsel Robert Mueller released a report titled ``Report on the Investigation into Russian Interference in the 2016 Presidential Election'', which concluded that ``the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.''. In the same year, communities of color in Michigan, Pennsylvania, Ohio, Illinois, and New York were targeted by robocalls sharing false information about how their data would be shared if they voted by mail. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. 2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. ( ( 2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. ( 2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. ( ( iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (

To prohibit deceptive practices in Federal elections. 11) In 2008, fliers were distributed in predominantly African-American neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on election day. 12) In 2012, there were reports of voters receiving calls falsely informing them that they could vote via telephone. ( ( ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. ( If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding.

To prohibit deceptive practices in Federal elections. 10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. ( ( ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ( ( 2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. ( 2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. ( (

To prohibit deceptive practices in Federal elections. a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. ( If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding.

To prohibit deceptive practices in Federal elections. 10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. ( ( ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ( ( 2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. ( 2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. ( (

Deceptive Practices and Voter Intimidation Prevention Act of 2021 This bill expresses the sense of Congress that the right to vote by casting a ballot for one's preferred candidate is a fundamental right accorded to U.S. citizens. Measures to combat denials of that right are a legitimate exercise of congressional power under article I, section 4 and article II, section 1 of the 14th Amends the Revised Statutes to prohibit a person from: (1) communicating or causing to be communicated materially false information regarding federal elections; or (2) making a materially false statement about an endorsement of a candidate. (Sec. 3) Prohibits an election protection hotline from interfering with an election to prevent another person from registering, voting, or otherwise interfering in an election. Amends the Federal criminal code to make it unlawful for any person, within 60 days before an election, to: (1) communicate or cause to be communicated information regarding the time or place of holding any election; or (2) produce information with the intent that such information be communicated, if such person knows such information to be materially false and has the intent to mislead voters or the Directs the Attorney General to submit to Congress a report compiling all allegations received by such Attorney General of deceptive practices relating to the general election for federal office and any primary, run-off, or special election for Federal office held in the two years preceding the general elections. Requires such report to include: (1) a description of each allegation of a deceptive practice, including the geographic location

H.R.5855

Public Lands and Natural Resources

North Dakota Trust Lands Completion Act This bill authorizes the Department of the Interior to exchange, at the election of North Dakota, certain federal land for certain state land of substantially equal value. Specifically, if North Dakota elects to relinquish a parcel of state land located wholly or partially within the boundaries of any Indian reservation or the Little Missouri National Grassland in North Dakota, the bill authorizes North Dakota to select one or more parcels of federal land of substantially equivalent value within that state. No later than 60 days after Interior approves North Dakota's selection of federal land, Interior shall initiate the actions necessary to convey the federal land to the state. As consideration for the conveyance of the federal land, North Dakota shall concurrently relinquish and convey the state land to Interior or, for a parcel that is located wholly or partially within the boundaries of the grassland, to the Department of Agriculture. Land conveyed to Interior that is within the boundaries of a reservation becomes part of the reservation on request of the tribe.

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``North Dakota Trust Lands Completion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1889, Congress enacted the North Dakota Enabling Act ``to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States''; (2) section 10 of the North Dakota Enabling Act (25 Stat. 679, chapter 180)-- (A) with certain exceptions, granted sections 16 and 36 in every township to the new States of North Dakota, South Dakota, Montana, and Washington ``for the support of common schools''; and (B) in cases where portions of sections 16 and 36 had been reserved, granted, or sold prior to those States attaining statehood, authorized indemnity or ``in lieu'' selections; (3) the State of North Dakota was granted land and minerals totaling more than 2,500,000 acres under the North Dakota Enabling Act; (4) the North Dakota Enabling Act provided further land grants to the State of North Dakota for the support of colleges, universities, the State capitol, and other public institutions; (5) prior to the enactment of the North Dakota Enabling Act, the United States, through treaties and Executive orders, including the Treaty between the United States of America and the Mandan, Hidatsa, Arikara, and other Tribal Nations, made and concluded at Fort Laramie September 17, 1851 (11 Stat. 749), the Treaty between the United States of America and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made and concluded at Washington February 19, 1867 (15 Stat. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. 635), and the Executive order of April 12, 1870, established several reservations of land for multiple Indian Tribes located in the State of North Dakota; (6) established in 1960, the Little Missouri National Grasslands-- (A) occupies more than 1,028,000 acres of land in western North Dakota; and (B) encompasses approximately 108,840 surface acres and 149,073 mineral acres of State land grant parcels within its boundaries; (7) authorizing the State to relinquish the State land grant parcels located within the reservations and the Grasslands and to select other Federal land or minerals in lieu of the relinquished State land grant parcels will-- (A) fulfill the promise of land and minerals to the State; (B) provide to Indian Tribes greater Tribal sovereignty and control of land and minerals within the reservations; and (C) provide for greater conservation and preservation of the Grasslands; and (8) Congress should authorize the State-- (A) to relinquish the land and minerals located within the reservations and the Grasslands; and (B) to select in lieu of the relinquished land other Federal land or minerals in the State of North Dakota of equal value. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) Grasslands.--The term ``Grasslands'' means the Little Missouri National Grasslands located within the State of North Dakota. (3) North dakota enabling act.--The term ``North Dakota Enabling Act'' means the Act of February 22, 1889 (25 Stat. 676, chapter 180). (4) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (5) Reservation.--The term ``reservation'' means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. (8) State land grant parcel.--The term ``State land grant parcel'' means-- (A) a parcel of land granted to the State of North Dakota by Congress-- (i) on statehood; or (ii) through a grant pursuant to the North Dakota Enabling Act; (B) a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes; (C) a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and (D) a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood. (9) Unappropriated federal land.-- (A) In general.--The term ``unappropriated Federal land'' means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. (B) Exclusions.--The term ``unappropriated Federal land'' does not include-- (i) surface interests acquired by the Bureau of Land Management; (ii) any area of critical environmental concern established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(3)); or (iii) land that is-- (I) withdrawn from public entry; (II) located within a unit of the National Park System; (III) located within any reservation; (IV) located within-- (aa) T. 147 N., R. 95 W.; (bb) T. 148 N., R. 95 W.; (cc) T. 148 N., R. 96 W.; or (dd) T. 149 N., R. 95 W.; (V) located within a United States military reservation; or (VI) designated by Congress or the President for conservation purposes. SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. (a) Relinquishment and Selection.-- (1) In general.--If the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation or the Grasslands, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. (2) Approval.--Not later than 90 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection. (b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. (B) Requirements.--Conveyance of Federal land by the Secretary under this Act-- (i) shall be by clear list, patent, or deed acceptable to the State; and (ii) shall not be considered a sale, exchange, or conveyance under section 203, 205, 206, or 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1715, 1716, 1719). (2) Relinquishment and conveyance by state.-- (A) In general.--As consideration for the conveyance of Federal land under paragraph (1), on the date on which the Federal land is conveyed to the State, the State-- (i) shall concurrently relinquish and convey to the Secretary all right, title, and interest of the State in and to the State land grant parcel identified for relinquishment under subsection (a)(1); or (ii) in the case of a State land grant parcel identified for relinquishment under subsection (a)(1) that is a located wholly or partially within the boundaries of the Grasslands, shall relinquish and convey to the Secretary of Agriculture all right, title, and interest of the State in and to the State land grant parcel. (B) Clear title.--The State shall convey to the Secretary clear title to all parcels relinquished under subparagraph (A). (C) Limitation.--Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715, 1716). (c) Succession to Rights and Obligations.--Each party to which land is conveyed under this Act shall succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject. (d) Management After Relinquishment.-- (1) Grasslands.--All State land grant parcels relinquished by the State and conveyed to the Secretary of Agriculture under this Act and located within the Grasslands shall become part of, and be managed as part of, the Grasslands. (2) Reservation.--If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be-- (A) taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and (B) considered to be a part of the reservation of the Indian Tribe. (3) Consultation required.--Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments). (e) Special Rules for Mineral Land.-- (1) Definition of unappropriated federal land subject to a lease or permit.--In this subsection, the term ``unappropriated Federal land subject to a lease or permit'' means unappropriated Federal land subject to a mineral lease or permit that is-- (A) issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) in a producing or producible status during the 10-year period following the date of enactment of this Act. (2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) such a selection shall not include any portion of the mineral lease or permit. (3) Conveyance of mineral estate.-- (A) In general.--If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State-- (i) the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (ii) all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. (B) Mining claims.--To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on-- (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (C) Obligations under federal law.--Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. (D) No relinquishment.--If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under subparagraph (A), the relinquishment of land under subparagraph (B) shall have no effect. (E) Rights-of-way; other interest.--On conveyance to the State of land encumbered by a relinquished Federal mining claim under this paragraph, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. (F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). (f) Withdrawal.-- (1) In general.--Subject to valid rights in existence on the date of enactment of this Act, all Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. SEC. 5. VALUATION. (a) Equal Value.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act-- (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall-- (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal Required.--Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. (d) Low Value Parcels.-- (1) In general.--The Secretary, with the consent of the State, may use mass appraisals, a summary appraisal, or a statement of value made by a qualified appraiser carried out in accordance with the Uniform Standards for Professional Appraisal Practice to determine the value of a State land grant parcel or a parcel of Federal land to be conveyed under this Act instead of an appraisal that complies with the Uniform Appraisal Standards for Federal Land Acquisitions if the State and the Secretary agree that market value of the State land grant parcel or parcel of Federal land, as applicable, is-- (A) less than $500,000; and (B) less than $500 per acre. (2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). (e) Ledger Accounts.-- (1) In general.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land, if the overall value of the parcels is not equal, the Secretary and the State may agree to use a ledger account to make equal the value. (2) Imbalances.--A ledger account described in paragraph (1) shall reflect imbalances in value to be reconciled in a subsequent transaction. (3) Account balancing.--Each ledger account described in paragraph (1) shall be-- (A) balanced not later than 3 years after the date on which the ledger account is established; and (B) closed not later than 5 years after the date of the last conveyance of land under this Act. (4) Costs.-- (A) In general.--The Secretary or the State may assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party. (B) Adjustment.--If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. (5) Mineral land.--If value is attributed to any parcel of Federal land that has been selected by the State because of the presence of minerals under a lease entered into under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is in a producing or producible status, and the lease is to be conveyed under this Act, the value of the parcel shall be reduced by the amount that represents the likely Federal revenue sharing obligation under the Mineral Leasing Act (30 U.S.C. 181 et seq.) with the State, but the adjustment shall not be considered as reflecting a property right of the State. SEC. 6. MISCELLANEOUS. (a) In General.--Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law. (b) Protection of Indian Rights.-- (1) Treaty rights.--Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. (2) Land or minerals held in trust.--Nothing in this Act affects-- (A) land or minerals held in trust by the United States as of the date of enactment of this Act on behalf of, and for the benefit of, any Indian Tribe; or (B) any individual Indian allotment. (c) Hazardous Materials.-- (1) In general.--The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. (2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. (B) State land grant parcels.--Prior to completing a conveyance of a State land grant parcel under this Act, the State shall complete an inspection and a hazardous materials certification of the land to be conveyed. (d) Grazing Permits.-- (1) In general.--If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary or the Secretary of Agriculture, or the State, as applicable, shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements. (2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (B) Base properties.--If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. (C) Range improvements.--Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws. SEC. 7. SAVINGS CLAUSE. Nothing in this Act applies to or impacts the ownership of any land or mineral resources. <all>

North Dakota Trust Lands Completion Act

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes.

North Dakota Trust Lands Completion Act

Rep. Armstrong, Kelly

R

ND

This bill authorizes the Department of the Interior to exchange, at the election of North Dakota, certain federal land for certain state land of substantially equal value. Specifically, if North Dakota elects to relinquish a parcel of state land located wholly or partially within the boundaries of any Indian reservation or the Little Missouri National Grassland in North Dakota, the bill authorizes North Dakota to select one or more parcels of federal land of substantially equivalent value within that state. No later than 60 days after Interior approves North Dakota's selection of federal land, Interior shall initiate the actions necessary to convey the federal land to the state. As consideration for the conveyance of the federal land, North Dakota shall concurrently relinquish and convey the state land to Interior or, for a parcel that is located wholly or partially within the boundaries of the grassland, to the Department of Agriculture. Land conveyed to Interior that is within the boundaries of a reservation becomes part of the reservation on request of the tribe.

SHORT TITLE. 2. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) Grasslands.--The term ``Grasslands'' means the Little Missouri National Grasslands located within the State of North Dakota. (5) Reservation.--The term ``reservation'' means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Unappropriated federal land.-- (A) In general.--The term ``unappropriated Federal land'' means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. 1715, 1716). ); and (B) such a selection shall not include any portion of the mineral lease or permit. 181 et seq. (B) Mining claims.--To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on-- (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. 5. VALUATION. (a) Equal Value.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act-- (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall-- (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal Required.--Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (b) Protection of Indian Rights.-- (1) Treaty rights.--Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. SEC. 7.

SHORT TITLE. 2. 3. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) Grasslands.--The term ``Grasslands'' means the Little Missouri National Grasslands located within the State of North Dakota. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. ); and (B) such a selection shall not include any portion of the mineral lease or permit. 181 et seq. (B) Mining claims.--To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on-- (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. 5. (a) Equal Value.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act-- (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall-- (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Protection of Indian Rights.-- (1) Treaty rights.--Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. SEC. 7.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) Grasslands.--The term ``Grasslands'' means the Little Missouri National Grasslands located within the State of North Dakota. (3) North dakota enabling act.--The term ``North Dakota Enabling Act'' means the Act of February 22, 1889 (25 Stat. 676, chapter 180). (5) Reservation.--The term ``reservation'' means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Unappropriated federal land.-- (A) In general.--The term ``unappropriated Federal land'' means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. 1712(c)(3)); or (iii) land that is-- (I) withdrawn from public entry; (II) located within a unit of the National Park System; (III) located within any reservation; (IV) located within-- (aa) T. 147 N., R. 95 W.; (bb) T. 148 N., R. 95 W.; (cc) T. 148 N., R. 96 W.; or (dd) T. 149 N., R. 95 W.; (V) located within a United States military reservation; or (VI) designated by Congress or the President for conservation purposes. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. 1715, 1716). 5301 note; relating to consultation and coordination with Indian tribal governments). ); and (B) such a selection shall not include any portion of the mineral lease or permit. (3) Conveyance of mineral estate.-- (A) In general.--If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State-- (i) the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. (B) Mining claims.--To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on-- (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. 5. VALUATION. (a) Equal Value.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act-- (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall-- (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal Required.--Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (b) Protection of Indian Rights.-- (1) Treaty rights.--Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. (C) Range improvements.--Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws. SEC. 7.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) Grasslands.--The term ``Grasslands'' means the Little Missouri National Grasslands located within the State of North Dakota. (3) North dakota enabling act.--The term ``North Dakota Enabling Act'' means the Act of February 22, 1889 (25 Stat. 676, chapter 180). 1702). (5) Reservation.--The term ``reservation'' means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Unappropriated federal land.-- (A) In general.--The term ``unappropriated Federal land'' means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. 1712(c)(3)); or (iii) land that is-- (I) withdrawn from public entry; (II) located within a unit of the National Park System; (III) located within any reservation; (IV) located within-- (aa) T. 147 N., R. 95 W.; (bb) T. 148 N., R. 95 W.; (cc) T. 148 N., R. 96 W.; or (dd) T. 149 N., R. 95 W.; (V) located within a United States military reservation; or (VI) designated by Congress or the President for conservation purposes. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. 1715, 1716). 5301 note; relating to consultation and coordination with Indian tribal governments). ); and (B) in a producing or producible status during the 10-year period following the date of enactment of this Act. ); and (B) such a selection shall not include any portion of the mineral lease or permit. (3) Conveyance of mineral estate.-- (A) In general.--If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State-- (i) the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. (B) Mining claims.--To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on-- (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (E) Rights-of-way; other interest.--On conveyance to the State of land encumbered by a relinquished Federal mining claim under this paragraph, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. (2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. 5. VALUATION. (a) Equal Value.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act-- (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall-- (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal Required.--Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (4) Costs.-- (A) In general.--The Secretary or the State may assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party. with the State, but the adjustment shall not be considered as reflecting a property right of the State. MISCELLANEOUS. (b) Protection of Indian Rights.-- (1) Treaty rights.--Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. (c) Hazardous Materials.-- (1) In general.--The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. (C) Range improvements.--Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws. SEC. 7. SAVINGS CLAUSE.

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. Congress finds that-- (1) in 1889, Congress enacted the North Dakota Enabling Act ``to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States''; (2) section 10 of the North Dakota Enabling Act (25 Stat. 749), the Treaty between the United States of America and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made and concluded at Washington February 19, 1867 (15 Stat. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. ( 2) Grasslands.--The term ``Grasslands'' means the Little Missouri National Grasslands located within the State of North Dakota. (3) North dakota enabling act.--The term ``North Dakota Enabling Act'' means the Act of February 22, 1889 (25 Stat. 7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. ( (9) Unappropriated federal land.-- (A) In general.--The term ``unappropriated Federal land'' means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. ( RELINQUISHMENT AND SELECTION; CONVEYANCE. ( (2) Approval.--Not later than 90 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection. ( b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. ( B) Clear title.--The State shall convey to the Secretary clear title to all parcels relinquished under subparagraph (A). ( C) Limitation.--Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715, 1716). ( (d) Management After Relinquishment.-- (1) Grasslands.--All State land grant parcels relinquished by the State and conveyed to the Secretary of Agriculture under this Act and located within the Grasslands shall become part of, and be managed as part of, the Grasslands. ( 3) Consultation required.--Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments). (e) Special Rules for Mineral Land.-- (1) Definition of unappropriated federal land subject to a lease or permit.--In this subsection, the term ``unappropriated Federal land subject to a lease or permit'' means unappropriated Federal land subject to a mineral lease or permit that is-- (A) issued under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); ); and (ii) all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. ( C) Obligations under federal law.--Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. ( (F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). ( 2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. b) Appraisal Required.--Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. ( c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. 2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). ( e) Ledger Accounts.-- (1) In general.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land, if the overall value of the parcels is not equal, the Secretary and the State may agree to use a ledger account to make equal the value. ( (3) Account balancing.--Each ledger account described in paragraph (1) shall be-- (A) balanced not later than 3 years after the date on which the ledger account is established; and (B) closed not later than 5 years after the date of the last conveyance of land under this Act. ( B) Adjustment.--If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. ( (a) In General.--Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law. ( 2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. ( (d) Grazing Permits.-- (1) In general.--If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary or the Secretary of Agriculture, or the State, as applicable, shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements. ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. ( Nothing in this Act applies to or impacts the ownership of any land or mineral resources.

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. Congress finds that-- (1) in 1889, Congress enacted the North Dakota Enabling Act ``to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States''; (2) section 10 of the North Dakota Enabling Act (25 Stat. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. ( (7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. ( 8) State land grant parcel.--The term ``State land grant parcel'' means-- (A) a parcel of land granted to the State of North Dakota by Congress-- (i) on statehood; or (ii) through a grant pursuant to the North Dakota Enabling Act; (B) a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes; (C) a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and (D) a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood. ( (a) Relinquishment and Selection.-- (1) In general.--If the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation or the Grasslands, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. ( b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. ( (C) Limitation.--Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715, 1716). ( 2) Reservation.--If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be-- (A) taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and (B) considered to be a part of the reservation of the Indian Tribe. ( (2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); C) Obligations under federal law.--Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. ( (F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). ( f) Withdrawal.-- (1) In general.--Subject to valid rights in existence on the date of enactment of this Act, all Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. ( (c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. ( 2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). ( (4) Costs.-- (A) In general.--The Secretary or the State may assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party. ( B) Adjustment.--If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. ( (2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. 7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. ( ( (a) Relinquishment and Selection.-- (1) In general.--If the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation or the Grasslands, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. ( 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); C) Obligations under federal law.--Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. ( ( c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. ( ( (2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. 3) North dakota enabling act.--The term ``North Dakota Enabling Act'' means the Act of February 22, 1889 (25 Stat. 7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. ( ( b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. ( ( (d) Management After Relinquishment.-- (1) Grasslands.--All State land grant parcels relinquished by the State and conveyed to the Secretary of Agriculture under this Act and located within the Grasslands shall become part of, and be managed as part of, the Grasslands. ( 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); ); and (ii) all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. ( F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). ( ( c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. 2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). ( ( B) Adjustment.--If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. ( ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. ( Nothing in this Act applies to or impacts the ownership of any land or mineral resources.

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. 7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. ( ( (a) Relinquishment and Selection.-- (1) In general.--If the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation or the Grasslands, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. ( 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); C) Obligations under federal law.--Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. ( ( c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. ( ( (2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. 3) North dakota enabling act.--The term ``North Dakota Enabling Act'' means the Act of February 22, 1889 (25 Stat. 7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. ( ( b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. ( ( (d) Management After Relinquishment.-- (1) Grasslands.--All State land grant parcels relinquished by the State and conveyed to the Secretary of Agriculture under this Act and located within the Grasslands shall become part of, and be managed as part of, the Grasslands. ( 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); ); and (ii) all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. ( F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). ( ( c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. 2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). ( ( B) Adjustment.--If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. ( ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. ( Nothing in this Act applies to or impacts the ownership of any land or mineral resources.

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. 7) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. ( ( (a) Relinquishment and Selection.-- (1) In general.--If the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation or the Grasslands, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. ( 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); C) Obligations under federal law.--Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. ( ( c) Equalization.--With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. ( ( (2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. ( ( ( ( 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); ); F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). ( ( 2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). ( ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); ( ( (2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (

To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes. b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. ( ( ( ( 2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq. ); ); F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). ( ( 2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). ( ( 2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (

North Dakota Trust Lands Completion Act - Amends the North Dakota Enabling Act to authorize the Secretary of the Interior, acting through the State of North Dakota, to relinquish specified federal land and minerals in North Dakota to restore lands and minerals to Indian Tribes within the State, to conserve the Little Missouri National Grasslands, and for other purposes. Authorizes the Directs the Secretary of Agriculture to authorize the State of North Dakota to select one or more parcels of unappropriated Federal land of substantially equivalent value within the State. (Sec. 4) Requires the Secretary to initiate the actions necessary to convey to the State the unacquired Federal land. (Sets forth provisions regarding: (1) the conveyance of Federal land by the Secretary Directs the Secretary of the Interior to: (1) convey all Federal land selected by the State for conveyance to the State, effective beginning on the date on which the State makes the selection and ending on the State's selection date; and (2) withdraw all Federal mining claims over such land from all forms of entry, appropriation, or disposal under the public land laws Provides that nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, executive orders, statutes, regulations, or case law. (Sec. 6) Prohibits the Secretary of the Interior from canceling or modifying a

H.R.6666

Education

Higher Education Access and Success for Homeless and Foster Youth Act of 2022 This bill requires certain actions to support access to higher education for children and youth who are homeless or in foster care. Among other provisions, the bill requires institutions of higher education (IHEs) participating in financial aid programs to give priority to these students for any on-campus housing during and between academic terms. Further, the bill requires IHEs to designate a staff liaison to assist these students with support services, programs, and community resources in a variety of areas, including financial aid and housing. The bill also requires these students to receive in-state tuition rates at public IHEs. Under current law, some states offer these students in-state tuition or provide them with tuition waivers.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Access and Success for Homeless and Foster Youth Act of 2022''. SEC. 2. DEFINITIONS. (a) Homeless and Foster Youth.--Section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is amended-- (1) by redesignating paragraph (10), paragraphs (11) through (22), and paragraphs (23) through (24), as paragraph (11), paragraphs (13) through (25), and paragraphs (26) through (27), respectively; (2) by inserting after paragraph (9) the following: ``(10) Foster care youth.--The term `foster care youth'-- ``(A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) and who are no longer under the care and responsibility of such a State or Tribal agency, without regard to any such individual's subsequent adoption, guardianship arrangement, or other form of permanency outcome.''; (3) by inserting after paragraph (11), as redesignated by paragraph (1), the following: ``(12) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. (b) Technical Correction.--Section 480 of the Higher Education Act of 1965, as amended by section 702(l)(2) of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended by striking subsections (m) and (n). SEC. 3. TECHNICAL CORRECTIONS TO FAFSA SIMPLIFICATION ACT. Section 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended-- (1) in subsection (a)(1)(D), by inserting ``the same or'' before ``a prior award''; (2) in subsection (b)(5), by inserting ``the same or'' before ``a prior award''; and (3) in subsection (d)(2)-- (A) by inserting ``this section, or paragraph (2), (8), or (9) of section 480(d),'' after ``pursuant to section 479A(c),''; and (B) by striking ``under such paragraph in the same award year'' and inserting ``under such provisions in the same or a prior award year''. SEC. 4. STUDENT LOAN OMBUDSMAN ASSISTANCE FOR HOMELESS AND FOSTER YOUTH. Section 141(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1018(f)(3)) is amended-- (1) in subparagraph (A), by striking ``and'' after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) receive, review, and resolve expeditiously complaints regarding a student's independence under paragraph (2) or (8) of section 480(d), in consultation with knowledgeable parties, including child welfare agencies, local educational agency liaisons for homeless youth designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).''. SEC. 5. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. (a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' and inserting ``institution; and''; and (4) by adding at the end the following: ``(B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.''. (b) Liaisons.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Liaisons and Access to Housing for Homeless and Foster Youth.--Each institution of higher education participating in any program under this title shall-- ``(1) have designated an appropriate staff person with sufficient capacity and training to act as a liaison to assist homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth in accessing and completing postsecondary education, including by ensuring that those individuals are connected to applicable and available student support services, programs, and community resources such as financial aid, academic advising, housing, food, public benefits, health care, health insurance, mental health care, child care, transportation benefits, and mentoring; ``(2) post on the institution's website-- ``(A) the contact information for the liaison designated under paragraph (1); ``(B) information on the process for providing documentation for a determination of independence under section 479D; and ``(C) information about student financial assistance and other assistance available to homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including their eligibility as independent students under paragraph (2) or (8) of sections 480(d); ``(3) give priority for any institutionally owned or operated housing facilities, including student housing facilities that remain open for occupation during school breaks or on a year-round basis, to-- ``(A) homeless youth; ``(B) youth who are unaccompanied, at risk of homelessness, and self-supporting; and ``(C) foster care youth; ``(4) have developed a plan for how such homeless youth, youth who are unaccompanied, at risk of homelessness, and self- supporting, and foster care youth can access housing resources during and between academic terms, through means that may include access to institutionally owned or operated housing during breaks and a list of housing resources in the community that provide short-term housing; and ``(5) include, in its application for admission, questions (to be answered voluntarily) regarding the applicant's status as a homeless youth (including unaccompanied homeless youth), youth who is unaccompanied, at risk of homelessness, and self- supporting, or foster care youth, that-- ``(A) can be answered by the applicant voluntarily for the limited purpose of being provided information about financial aid or any other available assistance; ``(B) explain the key terms in the question in a manner that applicants can understand in order to self- identify with such status; and ``(C) with consent of the applicant, may be shared with the liaison after admission but prior to the beginning of the next academic term.''. SEC. 6. SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs.''; and (2) in subsection (f)(2), by striking ``college students, and'' and inserting ``college students, homeless youth, foster care youth, and''. SEC. 7. SERVING HOMELESS AND FOSTER YOUTH IN TALENT SEARCH. Section 402B(d) of the Higher Education Act of 1965 (20 U.S.C. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. SEC. 8. SERVING HOMELESS AND FOSTER YOUTH IN UPWARD BOUND. Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. 1070a-13(e)) is amended-- (1) in paragraph (4), by striking ``and'' after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(6) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(7) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and ``(8) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. SEC. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. Section 402D(e) of the Higher Education Act of 1965 (20 U.S.C. 1070a-14(e)) is amended-- (1) in paragraph (5), by striking ``and'' after the semicolon; (2) in paragraph (6)(B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(7) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(8) require that such entity submit, in the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth, who are enrolled or accepted for enrollment at the institution; and ``(9) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. SEC. 10. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 1070a-16(c)) is amended-- (1) in paragraph (2), by striking ``and'' after the semicolon; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(4) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(5) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and ``(6) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. SEC. 11. REPORTS AND EVALUATIONS. Section 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SEC. 12. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. (a) Applications.--Section 404C(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a-23(a)(2)) is amended-- (1) in subparagraph (I), by striking ``and'' after the semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(K) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(L) require that such entity submit, as part of the assurance, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and ``(M) require an assurance that such entity will prepare and submit the report required under section 404G(c) at the conclusion of the project regarding such homeless youth and foster care youth.''. (b) Permissible Activities.--Section 404D(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a-24(b)) is amended by adding at the end the following: ``(16) Facilitating the recruitment, participation, and retention of homeless youth and foster care youth, which may include-- ``(A) establishing partnerships with community- based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) to identify students, improve policies and practices, and to establish data sharing agreements; ``(B) carrying out-- ``(i) activities to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement; and ``(ii) policies consistent with the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. (c) Evaluation and Report.--Section 404G of the Higher Education Act of 1965 (20 U.S.C. 1070a-27) is amended-- (1) by redesignating subsections (c) and (d), as subsections (d) and (e), respectively; and (2) inserting after subsection (b) the following: ``(c) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 404A shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SEC. 13. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 443(b)(6) of the Higher Education Act of 1965 (20 U.S.C. 1087-53(b)(6)) is amended by inserting ``, and prioritize employment for students who are homeless youth or foster care youth'' after ``thereof''. SEC. 14. DATA TRANSPARENCY ON THE NUMBER OF PENDING REQUESTS FOR DETERMINATION BY HOMELESS YOUTH. Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. SEC. 15. IN-STATE TUITION RATES FOR HOMELESS AND FOSTER YOUTH. Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended-- (1) in the section heading, by inserting ``, homeless youth and foster care youth'' after ``children''; (2) in subsection (a)-- (A) by striking ``(a) Requirement.--In the case'' and inserting the following: ``(a) Requirement.-- ``(1) Armed forces.--In the case''; and (B) by adding at the end the following: ``(2) Homeless and foster youth.--In the case of a homeless youth or a foster care youth, such State shall not charge such individual tuition and required fees for attendance at a public institution of higher education in the State at a rate that is greater than the rate of tuition and required fees charged for residents of the State.''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. ``(d) Definitions.--In this section, the terms `armed forces' and `active duty for a period of more than 30 days' have the meanings given those terms in section 101 of title 10, United States Code.''. SEC. 16. SECRETARIAL SUPPORT AND GUIDANCE FOR HOMELESS AND FOSTER YOUTH. Part B of title I (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: ``SEC. 124. SECRETARIAL SUPPORT AND GUIDANCE FOR HOMELESS AND FOSTER YOUTH. ``(a) Guidance.--Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. ``(b) Professional Development.--Beginning not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(n) and interested faculty or staff regarding postsecondary education services for such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth. ``(c) Report.--Not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(n) that were effective in meeting the needs of such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion.''. SEC. 17. EFFECTIVE DATE. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act. <all>

Higher Education Access and Success for Homeless and Foster Youth Act of 2022

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth.

Higher Education Access and Success for Homeless and Foster Youth Act of 2022

Rep. Clark, Katherine M.

D

MA

This bill requires certain actions to support access to higher education for children and youth who are homeless or in foster care. Among other provisions, the bill requires institutions of higher education (IHEs) participating in financial aid programs to give priority to these students for any on-campus housing during and between academic terms. Further, the bill requires IHEs to designate a staff liaison to assist these students with support services, programs, and community resources in a variety of areas, including financial aid and housing. The bill also requires these students to receive in-state tuition rates at public IHEs. Under current law, some states offer these students in-state tuition or provide them with tuition waivers.

SHORT TITLE. 2. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 3. TECHNICAL CORRECTIONS TO FAFSA SIMPLIFICATION ACT. 11432).''. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. 677) or delays attributable to the institution.''. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. 8. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 10. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 11. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. 16. is amended by adding at the end the following: ``SEC. ``(a) Guidance.--Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. EFFECTIVE DATE.

SHORT TITLE. 2. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 3. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. 677) or delays attributable to the institution.''. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. 8. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 10. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 11. is amended by adding at the end the following: ``SEC. EFFECTIVE DATE.

SHORT TITLE. 2. DEFINITIONS. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. 11434a). ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 3. TECHNICAL CORRECTIONS TO FAFSA SIMPLIFICATION ACT. Section 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended-- (1) in subsection (a)(1)(D), by inserting ``the same or'' before ``a prior award''; (2) in subsection (b)(5), by inserting ``the same or'' before ``a prior award''; and (3) in subsection (d)(2)-- (A) by inserting ``this section, or paragraph (2), (8), or (9) of section 480(d),'' after ``pursuant to section 479A(c),''; and (B) by striking ``under such paragraph in the same award year'' and inserting ``under such provisions in the same or a prior award year''. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).''. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. 677) or delays attributable to the institution.''. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. 8. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 10. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 11. REPORTS AND EVALUATIONS. to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. 14. DATA TRANSPARENCY ON THE NUMBER OF PENDING REQUESTS FOR DETERMINATION BY HOMELESS YOUTH. 15. IN-STATE TUITION RATES FOR HOMELESS AND FOSTER YOUTH. 16. is amended by adding at the end the following: ``SEC. 124. ``(a) Guidance.--Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. 17. EFFECTIVE DATE.

SHORT TITLE. 2. DEFINITIONS. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. 11434a). ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 3. TECHNICAL CORRECTIONS TO FAFSA SIMPLIFICATION ACT. Section 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended-- (1) in subsection (a)(1)(D), by inserting ``the same or'' before ``a prior award''; (2) in subsection (b)(5), by inserting ``the same or'' before ``a prior award''; and (3) in subsection (d)(2)-- (A) by inserting ``this section, or paragraph (2), (8), or (9) of section 480(d),'' after ``pursuant to section 479A(c),''; and (B) by striking ``under such paragraph in the same award year'' and inserting ``under such provisions in the same or a prior award year''. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).''. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. 677) or delays attributable to the institution.''. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. 8. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 10. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 11. REPORTS AND EVALUATIONS. to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. 14. DATA TRANSPARENCY ON THE NUMBER OF PENDING REQUESTS FOR DETERMINATION BY HOMELESS YOUTH. 15. IN-STATE TUITION RATES FOR HOMELESS AND FOSTER YOUTH. 16. is amended by adding at the end the following: ``SEC. 124. ``(a) Guidance.--Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. 17. EFFECTIVE DATE.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( STUDENT LOAN OMBUDSMAN ASSISTANCE FOR HOMELESS AND FOSTER YOUTH. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).''. a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; SERVING HOMELESS AND FOSTER YOUTH IN UPWARD BOUND. Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. Section 402D(e) of the Higher Education Act of 1965 (20 U.S.C. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. REPORTS AND EVALUATIONS. Section 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( b) Permissible Activities.--Section 404D(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a-24(b)) is amended by adding at the end the following: ``(16) Facilitating the recruitment, participation, and retention of homeless youth and foster care youth, which may include-- ``(A) establishing partnerships with community- based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) to identify students, improve policies and practices, and to establish data sharing agreements; ``(B) carrying out-- ``(i) activities to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement; and ``(ii) policies consistent with the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 443(b)(6) of the Higher Education Act of 1965 (20 U.S.C. 1087-53(b)(6)) is amended by inserting ``, and prioritize employment for students who are homeless youth or foster care youth'' after ``thereof''. Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. IN-STATE TUITION RATES FOR HOMELESS AND FOSTER YOUTH. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. (a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' and inserting ``institution; and''; and (4) by adding at the end the following: ``(B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.''. ( SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. REPORTS AND EVALUATIONS. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( c) Evaluation and Report.--Section 404G of the Higher Education Act of 1965 (20 U.S.C. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. (a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' and inserting ``institution; and''; and (4) by adding at the end the following: ``(B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.''. ( SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. REPORTS AND EVALUATIONS. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( c) Evaluation and Report.--Section 404G of the Higher Education Act of 1965 (20 U.S.C. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. (a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' and inserting ``institution; and''; and (4) by adding at the end the following: ``(B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.''. ( SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. REPORTS AND EVALUATIONS. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( c) Evaluation and Report.--Section 404G of the Higher Education Act of 1965 (20 U.S.C. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( ( Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( ( Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

Higher Education Access and Success for Homeless and Foster Youth Act of 2022 - Amends the Higher Education Act of 1965 (HEA) to: (1) revise the definition of "homeless youth" to include children and youth whose care and placement are the responsibility of a state or tribal agency that administers a State or Tribal plan under part B (Temporary Assistance for Needy Families Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education participating in any program to: (1) designate an appropriate staff person with sufficient capacity and training to act as a liaison to assist homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth in accessing and completing postsecondary Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each entity carrying out a project to: (1) report to the Secretary of Education on the number of homeless youth and foster care youth served through the project; and (2) describe any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth Amends the Higher Education Act of 1965 to prohibit a state from charging a homeless youth or a foster care youth tuition and required fees for attendance at a public institution of higher education (IHE) at a rate that is greater than the rate of tuition and fees charged for residents of the state. Requires the Secretary of Education to issue revised guidance for IHEs and financial aid administrators regarding

H.R.8000

Labor and Employment

Chase COVID Unemployment Fraud Act of 2022 This bill addresses fraud and overpayments of pandemic unemployment assistance, including by allowing states to retain a specified percentage of recovered funds and prohibiting the Department of Labor from allowing blanket waivers of overpayments.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chase COVID Unemployment Fraud Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Throughout the COVID-19 pandemic criminal organizations, including international cybercrime rings and opportunistic foreign actors, exploited a national crisis to steal billions from American taxpayers. Fraud delayed legitimate payments to unemployed workers and turned thousands of Americans into unwitting identity theft victims. (2) The size, scope, and severity of pandemic unemployment fraud is not fully known. (3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. Just over $4 billion of these funds have been recovered. (4) The White House has estimated an 18.71 percent improper payment rate in the Federal-State unemployment insurance program in fiscal year 2021. This estimate does not include improper payments made in the Pandemic Unemployment Assistance program, nor does it include the period of greatest fraudulent activity when generous $600 weekly Federal supplements made unemployment a lucrative target for fraudsters. (5) According to the Government Accountability Office, from March 2020 through October 2021, 145 individuals pleaded guilty to Federal charges of defrauding unemployment insurance programs and Federal charges are pending against 250 individuals. (6) As of January 2022, the Labor Department's Inspector General reported opening more than 31,000 investigative matters involving alleged unemployment fraud and reported that it assisted other Federal and State agencies in identifying and recovering more than $565 million in fraudulently stolen unemployment benefits. (7) In California, State workforce officials confirmed they paid out fraudulent unemployment claims totaling $11 billion and identified another $20 billion in claims still under investigation. (8) The Pandemic Response Accountability Committee published a report compiling the results of investigations from 16 State auditors, finding $39 billion in pandemic unemployment fraud. (9) There is growing evidence that criminal groups perpetrating unemployment fraud pose a threat to national security. (10) According to the Department of Justice and U.S. Secret Service, a significant amount of fraud was driven by known transnational organized criminal networks, including cartels with origins in countries including China, Ghana, Nigeria, Romania, and Russia. (11) The Department of Justice reports that the International Organized Crime Intelligence Operations Center has referred a large number of unemployment fraud cases to the Federal Bureau of Investigation. (12) The American people expect Congress to be an effective steward of taxpayer dollars and vigilant in pursuit and recovery of funds when taxpayer dollars are improperly paid. (13) Congress has a responsibility to gain restitution for American taxpayers by ensuring aggressive identification, investigation, and prosecution of criminal fraud in pandemic unemployment programs. SEC. 3. RECOVERING FEDERAL FRAUDULENT COVID UNEMPLOYMENT COMPENSATION PAYMENTS. (a) Allowing States To Retain Percentage of Overpayments for Administration, Information Technology Modernization, and Program Integrity.-- (1) Pandemic unemployment assistance.-- (A) In general.--Section 2102 of the CARES Act (15 U.S.C. 9021) is amended-- (i) by redesignating subsection (h) as subsection (i); and (ii) by inserting after subsection (g) the following: ``(h) Fraud and Overpayments.-- ``(1) In general.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of pandemic unemployment assistance under this section to which such individual was not entitled, such individual-- ``(A) shall be ineligible for further pandemic unemployment assistance under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and ``(B) shall be subject to prosecution under section 1001 of title 18, United States Code. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(3) Recovery by state agency.-- ``(A) In general.--The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 5-year period after the date such individuals received the payment of the pandemic unemployment assistance to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C). ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (B) Conforming amendment.--Section 2102(d) of such Act (15 U.S.C. 9021(d)) is amended by striking paragraph (4). (2) Federal pandemic unemployment compensation.--Section 2104(f)(3) of such Act (15 U.S.C. 9023(f)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''; (3) Pandemic emergency unemployment compensation.--Section 2107(e)(3) of such Act (15 U.S.C. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Reimbursement of administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. (c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. SEC. 4. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM ADMINISTRATION. (a) Withdrawal Standard in the Internal Revenue Code.--Section 3304(a)(4) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (F), by striking ``and'' after the semicolon; and (2) by inserting after subparagraph (G) the following new subparagraphs: ``(H) an amount, not to exceed 5 percent, of any overpayment of compensation recovered by the State (other than an overpayment made as the result of agency error) may, immediately following the State's receipt of such recovered amount, be deposited in a State fund from which money may be withdrawn for-- ``(i) the payment of costs of deterring, detecting, and collecting improper payments to individuals; ``(ii) purposes relating to the proper classification of employees as independent contractors, implementation of provisions of State law implementing section 303(k) of the Social Security Act, or other provisions of State law relating to employer fraud or evasion of contributions; ``(iii) the payment to the Secretary of the Treasury to the credit of the account of the State in the Unemployment Trust Fund; ``(iv) modernizing the State's unemployment insurance technology infrastructure; or ``(v) otherwise assisting States in improving the timely and accurate administration of a State's unemployment compensation law; and ``(I) an amount, not to exceed 5 percent, of any payments of contributions, or payments in lieu of contributions, that are collected as a result of an investigation and assessment by the State agency may, immediately following receipt of such payments, be deposited in a State fund from which moneys may be withdrawn for the purposes specified in subparagraph (H);''. (b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``and for refunds of sums'' and all that follows and inserting ``except as otherwise provided in this section, section 3304(a)(4) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law; and''. (d) Immediate Deposit Requirements in the Internal Revenue Code.-- Section 3304(a)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(3) all money received in the unemployment fund shall immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act (42 U.S.C. 1104), except for-- ``(A) refunds of sums improperly paid into such fund; ``(B) refunds paid in accordance with the provisions of section 3305(b); and ``(C) amounts deposited in a State fund in accordance with subparagraph (H) or (I) of paragraph (4);''. (e) Immediate Deposit Requirement in Social Security Act Requirement.--Section 303(a)(4) of the Social Security Act (42 U.S.C. 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. (f) Application to Federal Payments.--When administering any Federal program providing compensation (as defined in section 3306 of the Internal Revenue Code of 1986, the State shall use the authority provided under subparagraphs (H) and (I) of section 3304(a)(4) of such Code in the same manner as such authority is used with respect to improper payments made under the State unemployment compensation law. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. SEC. 5. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. (a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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.''. (b) Use of Fraud Prevention and Detection Systems in Administration of Unemployment Compensation Programs.-- (1) In general.--Section 303 of the Social Security Act (42 U.S.C. 503), as amended by subsection (a), is further amended by adding at the end the following: ``(n) State Use of Fraud Prevention and Detection Systems.-- ``(1) In general.--The State agency charged with administration of the State law shall establish procedures to do the following: ``(A) National directory of new hires.--Use the National Directory of New Hires established under section 453(i)-- ``(i) to compare information in such Directory against information about individuals claiming unemployment compensation to identify any such individuals who may have become employed, in accordance with any regulations that the Secretary of Health and Human Services may issue and consistent with the computer matching provisions of the Privacy Act of 1974; ``(ii) to take timely action to verify whether the individuals identified pursuant to clause (i) are employed; and ``(iii) upon verification pursuant to clause (ii), to take appropriate action to suspend or modify unemployment compensation payments, and to initiate recovery of any improper unemployment compensation payments that have been made. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(C) Incarcerated individuals.--Seek information from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii), and from such other sources as the State agency determines appropriate, to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility is ineligible for unemployment compensation on account of such individuals inability to satisfy the requirement under subsection (a)(12). ``(D) Deceased individuals.--Compare information of individuals claiming unemployment compensation against the information regarding deceased individuals furnished to or maintained by the Commissioner of Social Security under section 205(r). ``(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 the State agency fails 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 such State. ``(3) Unemployment compensation.--For the purposes of this subsection, any reference to unemployment compensation described in this paragraph shall be considered to refer to-- ``(A) regular or extended compensation (as defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970); ``(B) unemployment compensation (as defined by section 85(b) of the Internal Revenue Code of 1986) provided under any program administered by a State under an agreement with the Secretary; and ``(C) short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986).''. (c) Effective Date.--The amendments made by this section shall take effect with respect to each State 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 amendment; or (2) October 1, 2024. SEC. 6. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. (a) In General.--The Secretary of Labor shall collect data from each State on the amount of overpayment recoveries that are waived related to unemployment compensation programs authorized by the CARES Act (15 U.S.C. 9021 et. seq.), with a separate accounting for the pandemic unemployment assistance program, and any unemployment compensation amounts excluded by each State from IRS Form 1099-G, Certain Government Payments, during taxable years 2020 and 2021 due to suspected or confirmed fraud. (b) Report to Congress.--Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Committees on Ways and Means and Oversight and Reform of the House of Representatives and the Committees on Finance and Homeland Security and Governmental Affairs of the Senate that conveys the overpayment data described in subparagraph (a) and includes an estimate of the aggregate amount of pandemic unemployment compensation overpayments nationally, including the subset of overpayments made due to fraud, and total amounts recovered by Federal or State agencies. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. (c) Expedited Collection.--The Secretary of Labor may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act'') with respect to the provisions in the amendments made by this Act. SEC. 7. PROHIBITION ON DEPARTMENT OF LABOR ALLOWING BLANKET WAIVERS OF OVERPAYMENTS. Upon the date of enactment, the Secretary of Labor shall be prohibited from issuing guidance that permits States to use blanket or issue categorical waivers of overpayment recovery in Federal pandemic unemployment compensation programs authorized under the CARES Act (15 U.S.C. 9021 et. seq.). The Secretary shall amend or rescind any guidance as necessary to conform with the prohibition in the preceding sentence. SEC. 8. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law. Such modifications shall apply through December 31, 2023, and may include engaging temporary staff, hiring retirees or former employees on a non-competitive basis, contracting with vendors, and other temporary actions to identify, investigate, prosecute, and recover fraudulent pandemic unemployment compensation benefits. <all>

Chase COVID Unemployment Fraud Act of 2022

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes.

Chase COVID Unemployment Fraud Act of 2022

Rep. Brady, Kevin

R

TX

This bill addresses fraud and overpayments of pandemic unemployment assistance, including by allowing states to retain a specified percentage of recovered funds and prohibiting the Department of Labor from allowing blanket waivers of overpayments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. 3. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. 9021(d)) is amended by striking paragraph (4). ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. 4. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM ADMINISTRATION. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. 6. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. seq. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. 7. SEC. 8. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 3. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. 9021(d)) is amended by striking paragraph (4). ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. 4. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. SEC. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Throughout the COVID-19 pandemic criminal organizations, including international cybercrime rings and opportunistic foreign actors, exploited a national crisis to steal billions from American taxpayers. (3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. 3. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. 9021(d)) is amended by striking paragraph (4). ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 4. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM ADMINISTRATION. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 1104), except for-- ``(A) refunds of sums improperly paid into such fund; ``(B) refunds paid in accordance with the provisions of section 3305(b); and ``(C) amounts deposited in a State fund in accordance with subparagraph (H) or (I) of paragraph (4);''. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. 6. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. seq. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. 7. The Secretary shall amend or rescind any guidance as necessary to conform with the prohibition in the preceding sentence. SEC. 8. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Throughout the COVID-19 pandemic criminal organizations, including international cybercrime rings and opportunistic foreign actors, exploited a national crisis to steal billions from American taxpayers. (3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. (5) According to the Government Accountability Office, from March 2020 through October 2021, 145 individuals pleaded guilty to Federal charges of defrauding unemployment insurance programs and Federal charges are pending against 250 individuals. 3. 9021) is amended-- (i) by redesignating subsection (h) as subsection (i); and (ii) by inserting after subsection (g) the following: ``(h) Fraud and Overpayments.-- ``(1) In general.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of pandemic unemployment assistance under this section to which such individual was not entitled, such individual-- ``(A) shall be ineligible for further pandemic unemployment assistance under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and ``(B) shall be subject to prosecution under section 1001 of title 18, United States Code. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. 9021(d)) is amended by striking paragraph (4). ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 4. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM ADMINISTRATION. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 1104), except for-- ``(A) refunds of sums improperly paid into such fund; ``(B) refunds paid in accordance with the provisions of section 3305(b); and ``(C) amounts deposited in a State fund in accordance with subparagraph (H) or (I) of paragraph (4);''. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. 6. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. seq. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. 7. 9021 et. The Secretary shall amend or rescind any guidance as necessary to conform with the prohibition in the preceding sentence. SEC. 8. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law. Such modifications shall apply through December 31, 2023, and may include engaging temporary staff, hiring retirees or former employees on a non-competitive basis, contracting with vendors, and other temporary actions to identify, investigate, prosecute, and recover fraudulent pandemic unemployment compensation benefits.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. (5) According to the Government Accountability Office, from March 2020 through October 2021, 145 individuals pleaded guilty to Federal charges of defrauding unemployment insurance programs and Federal charges are pending against 250 individuals. ( 11) The Department of Justice reports that the International Organized Crime Intelligence Operations Center has referred a large number of unemployment fraud cases to the Federal Bureau of Investigation. ( (13) Congress has a responsibility to gain restitution for American taxpayers by ensuring aggressive identification, investigation, and prosecution of criminal fraud in pandemic unemployment programs. RECOVERING FEDERAL FRAUDULENT COVID UNEMPLOYMENT COMPENSATION PAYMENTS. ( ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. 9023(f)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation that were determined to be made due to fraud. ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. (b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``and for refunds of sums'' and all that follows and inserting ``except as otherwise provided in this section, section 3304(a)(4) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law; and''. ( (e) Immediate Deposit Requirement in Social Security Act Requirement.--Section 303(a)(4) of the Social Security Act (42 U.S.C. 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( f) Application to Federal Payments.--When administering any Federal program providing compensation (as defined in section 3306 of the Internal Revenue Code of 1986, the State shall use the authority provided under subparagraphs (H) and (I) of section 3304(a)(4) of such Code in the same manner as such authority is used with respect to improper payments made under the State unemployment compensation law. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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.''. ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(C) Incarcerated individuals.--Seek information from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii), and from such other sources as the State agency determines appropriate, to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility is ineligible for unemployment compensation on account of such individuals inability to satisfy the requirement under subsection (a)(12). ``(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 the State agency fails 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. c) Effective Date.--The amendments made by this section shall take effect with respect to each State 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 amendment; or (2) October 1, 2024. a) In General.--The Secretary of Labor shall collect data from each State on the amount of overpayment recoveries that are waived related to unemployment compensation programs authorized by the CARES Act (15 U.S.C. 9021 et. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. ( c) Expedited Collection.--The Secretary of Labor may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act'') with respect to the provisions in the amendments made by this Act. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law. Such modifications shall apply through December 31, 2023, and may include engaging temporary staff, hiring retirees or former employees on a non-competitive basis, contracting with vendors, and other temporary actions to identify, investigate, prosecute, and recover fraudulent pandemic unemployment compensation benefits.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. Just over $4 billion of these funds have been recovered. ( (9) There is growing evidence that criminal groups perpetrating unemployment fraud pose a threat to national security. ( 11) The Department of Justice reports that the International Organized Crime Intelligence Operations Center has referred a large number of unemployment fraud cases to the Federal Bureau of Investigation. ( ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. ( Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Reimbursement of administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``and for refunds of sums'' and all that follows and inserting ``except as otherwise provided in this section, section 3304(a)(4) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law; and''. ( f) Application to Federal Payments.--When administering any Federal program providing compensation (as defined in section 3306 of the Internal Revenue Code of 1986, the State shall use the authority provided under subparagraphs (H) and (I) of section 3304(a)(4) of such Code in the same manner as such authority is used with respect to improper payments made under the State unemployment compensation law. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(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 the State agency fails 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. (c) Effective Date.--The amendments made by this section shall take effect with respect to each State 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 amendment; or (2) October 1, 2024. c) Expedited Collection.--The Secretary of Labor may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act'') with respect to the provisions in the amendments made by this Act. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. Just over $4 billion of these funds have been recovered. ( (9) There is growing evidence that criminal groups perpetrating unemployment fraud pose a threat to national security. ( 11) The Department of Justice reports that the International Organized Crime Intelligence Operations Center has referred a large number of unemployment fraud cases to the Federal Bureau of Investigation. ( ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. ( Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Reimbursement of administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``and for refunds of sums'' and all that follows and inserting ``except as otherwise provided in this section, section 3304(a)(4) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law; and''. ( f) Application to Federal Payments.--When administering any Federal program providing compensation (as defined in section 3306 of the Internal Revenue Code of 1986, the State shall use the authority provided under subparagraphs (H) and (I) of section 3304(a)(4) of such Code in the same manner as such authority is used with respect to improper payments made under the State unemployment compensation law. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(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 the State agency fails 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. (c) Effective Date.--The amendments made by this section shall take effect with respect to each State 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 amendment; or (2) October 1, 2024. c) Expedited Collection.--The Secretary of Labor may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act'') with respect to the provisions in the amendments made by this Act. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. ( ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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.''. ( ``(C) Incarcerated individuals.--Seek information from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii), and from such other sources as the State agency determines appropriate, to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility is ineligible for unemployment compensation on account of such individuals inability to satisfy the requirement under subsection (a)(12). ``(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 the State agency fails 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. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. ( If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(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 the State agency fails 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. (

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. ( ( 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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) 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 the State agency fails 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. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. (

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(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 the State agency fails 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. (

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. ( ( 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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) 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 the State agency fails 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. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. (

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(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 the State agency fails 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. (

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. ( ( 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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.''. (

Chase COVID Unemployment Fraud Act of 2022 - Amends the CARES Act to prohibit an individual from receiving further pandemic unemployment assistance under the Federal-State unemployment insurance program (Fannie Mae or Freddie Mac) if the individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact or knowingly has failed, or failed to fail Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize a state agency to retain 25% of any amount recovered from overpayments of Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation that were determined to be made due to fraud. Amounts so retained shall be used for administration of the state's unemployment compensation Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require all money received in the unemployment fund to be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund (USTF). (Currently, the OASDI Act requires refunds of sums improperly paid into the fund.) (Currently the OAST Amends the Federal-State Extended Unemployment Compensation Act of 1970 to: (1) extend from weeks of unemployment to months of unemployment in each state beginning on or after October 1, 2024, if the state changes its statutes, regulations, or policies to comply with such amendment; and (2) prohibit the Secretary of Labor from issuing guidance that permits states to use blanket or categorical waivers

S.3616

Education

Higher Education Access and Success for Homeless and Foster Youth Act of 2022 This bill requires certain actions to support access to higher education for children and youth who are homeless or in foster care. Among other provisions, the bill requires institutions of higher education (IHEs) participating in financial aid programs to give priority to these students for any on-campus housing during and between academic terms. Further, the bill requires IHEs to designate a staff liaison to assist these students with support services, programs, and community resources in a variety of areas, including financial aid and housing. The bill also requires these students to receive in-state tuition rates at public IHEs. Under current law, some states offer these students in-state tuition or provide them with tuition waivers.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Access and Success for Homeless and Foster Youth Act of 2022''. SEC. 2. DEFINITIONS. (a) Homeless and Foster Youth.--Section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is amended-- (1) by redesignating paragraph (10), paragraphs (11) through (22), and paragraphs (23) through (24), as paragraph (11), paragraphs (13) through (25), and paragraphs (26) through (27), respectively; (2) by inserting after paragraph (9) the following: ``(10) Foster care youth.--The term `foster care youth'-- ``(A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) and who are no longer under the care and responsibility of such a State or Tribal agency, without regard to any such individual's subsequent adoption, guardianship arrangement, or other form of permanency outcome.''; (3) by inserting after paragraph (11), as redesignated by paragraph (1), the following: ``(12) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. (b) Technical Correction.--Section 480 of the Higher Education Act of 1965, as amended by section 702(l)(2) of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended by striking subsections (m) and (n). SEC. 3. TECHNICAL CORRECTIONS TO FAFSA SIMPLIFICATION ACT. Section 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended-- (1) in subsection (a)(1)(D), by inserting ``the same or'' before ``a prior award''; (2) in subsection (b)(5), by inserting ``the same or'' before ``a prior award''; and (3) in subsection (d)(2)-- (A) by inserting ``this section, or paragraph (2), (8), or (9) of section 480(d),'' after ``pursuant to section 479A(c),''; and (B) by striking ``under such paragraph in the same award year'' and inserting ``under such provisions in the same or a prior award year''. SEC. 4. STUDENT LOAN OMBUDSMAN ASSISTANCE FOR HOMELESS AND FOSTER YOUTH. Section 141(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1018(f)(3)) is amended-- (1) in subparagraph (A), by striking ``and'' after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) receive, review, and resolve expeditiously complaints regarding a student's independence under paragraph (2) or (8) of section 480(d), in consultation with knowledgeable parties, including child welfare agencies, local educational agency liaisons for homeless youth designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).''. SEC. 5. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. (a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' and inserting ``institution; and''; and (4) by adding at the end the following: ``(B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.''. (b) Liaisons.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Liaisons and Access to Housing for Homeless and Foster Youth.--Each institution of higher education participating in any program under this title shall-- ``(1) have designated an appropriate staff person with sufficient capacity and training to act as a liaison to assist homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth in accessing and completing postsecondary education, including by ensuring that those individuals are connected to applicable and available student support services, programs, and community resources such as financial aid, academic advising, housing, food, public benefits, health care, health insurance, mental health care, child care, transportation benefits, and mentoring; ``(2) post on the institution's website-- ``(A) the contact information for the liaison designated under paragraph (1); ``(B) information on the process for providing documentation for a determination of independence under section 479D; and ``(C) information about student financial assistance and other assistance available to homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including their eligibility as independent students under paragraphs (2) or (8) of sections 480(d); ``(3) give priority for any institutionally owned or operated housing facilities, including student housing facilities that remain open for occupation during school breaks or on a year-round basis, to-- ``(A) homeless youth; ``(B) youth who are unaccompanied, at risk of homelessness, and self-supporting; and ``(C) foster care youth; ``(4) have developed a plan for how such homeless youth, youth who are unaccompanied, at risk of homelessness, and self- supporting, and foster care youth can access housing resources during and between academic terms, through means that may include access to institutionally owned or operated housing during breaks and a list of housing resources in the community that provide short-term housing; and ``(5) include, in its application for admission, questions (to be answered voluntarily) regarding the applicant's status as a homeless youth (including unaccompanied homeless youth), youth who is unaccompanied, at risk of homelessness, and self- supporting, or foster care youth, that-- ``(A) can be answered by the applicant voluntarily for the limited purpose of being provided information about financial aid or any other available assistance; ``(B) explain the key terms in the question in a manner that applicants can understand in order to self- identify with such status; and ``(C) with consent of the applicant, may be shared with the liaison after admission but prior to the beginning of the next academic term.''. SEC. 6. SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs.''; and (2) in subsection (f)(2), by striking ``college students, and'' and inserting ``college students, homeless youth, foster care youth, and''. SEC. 7. SERVING HOMELESS AND FOSTER YOUTH IN TALENT SEARCH. Section 402B(d) of the Higher Education Act of 1965 (20 U.S.C. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. SEC. 8. SERVING HOMELESS AND FOSTER YOUTH IN UPWARD BOUND. Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. 1070a-13(e)) is amended-- (1) in paragraph (4), by striking ``and'' after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(6) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(7) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and ``(8) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. SEC. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. Section 402D(e) of the Higher Education Act of 1965 (20 U.S.C. 1070a-14(e)) is amended-- (1) in paragraph (5), by striking ``and'' after the semicolon; (2) in paragraph (6)(B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(7) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(8) require that such entity submit, in the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth, who are enrolled or accepted for enrollment at the institution; and ``(9) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. SEC. 10. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 1070a-16(c)) is amended-- (1) in paragraph (2), by striking ``and'' after the semicolon; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(4) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(5) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and ``(6) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. SEC. 11. REPORTS AND EVALUATIONS. Section 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SEC. 12. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. (a) Applications.--Section 404C(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a-23(a)(2)) is amended-- (1) in subparagraph (I), by striking ``and'' after the semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(K) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(L) require that such entity submit, as part of the assurance, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and ``(M) require an assurance that such entity will prepare and submit the report required under section 404G(c) at the conclusion of the project regarding such homeless youth and foster care youth.''. (b) Permissible Activities.--Section 404D(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a-24(b)) is amended by adding at the end the following: ``(16) Facilitating the recruitment, participation, and retention of homeless youth and foster care youth, which may include-- ``(A) establishing partnerships with community- based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) to identify students, improve policies and practices, and to establish data sharing agreements; ``(B) carrying out-- ``(i) activities to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement; and ``(ii) policies consistent with the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. (c) Evaluation and Report.--Section 404G of the Higher Education Act of 1965 (20 U.S.C. 1070a-27) is amended-- (1) by redesignating subsections (c) and (d), as subsections (d) and (e), respectively; and (2) inserting after subsection (b) the following: ``(c) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 404A shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SEC. 13. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 443(b)(6) of the Higher Education Act of 1965 (20 U.S.C. 1087-53(b)(6)) is amended by inserting ``, and prioritize employment for students who are homeless youth or foster care youth'' after ``thereof''. SEC. 14. DATA TRANSPARENCY ON THE NUMBER OF PENDING REQUESTS FOR DETERMINATION BY HOMELESS YOUTH. Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. SEC. 15. IN-STATE TUITION RATES FOR HOMELESS AND FOSTER YOUTH. Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended-- (1) in the section heading, by inserting ``, homeless youth and foster care youth'' after ``children''; (2) in subsection (a)-- (A) by striking ``(a) Requirement.--In the case'' and inserting the following: ``(a) Requirement.-- ``(1) Armed forces.--In the case''; and (B) by adding at the end the following: ``(2) Homeless and foster youth.--In the case of a homeless youth or a foster care youth, such State shall not charge such individual tuition and required fees for attendance at a public institution of higher education in the State at a rate that is greater than the rate of tuition and required fees charged for residents of the State.''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. ``(d) Definitions.--In this section, the terms `armed forces' and `active duty for a period of more than 30 days' have the meanings given those terms in section 101 of title 10, United States Code.''. SEC. 16. SECRETARIAL SUPPORT AND GUIDANCE FOR HOMELESS AND FOSTER YOUTH. Part B of title I (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: ``SEC. 124. SECRETARIAL SUPPORT AND GUIDANCE FOR HOMELESS AND FOSTER YOUTH. ``(a) Guidance.--Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. ``(b) Professional Development.--Beginning not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(n) and interested faculty or staff regarding postsecondary education services for such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth. ``(c) Report.--Not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(n) that were effective in meeting the needs of such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion.''. SEC. 17. EFFECTIVE DATE. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act. <all>

Higher Education Access and Success for Homeless and Foster Youth Act of 2022

A bill to amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth.

Higher Education Access and Success for Homeless and Foster Youth Act of 2022

Sen. Murray, Patty

D

WA

This bill requires certain actions to support access to higher education for children and youth who are homeless or in foster care. Among other provisions, the bill requires institutions of higher education (IHEs) participating in financial aid programs to give priority to these students for any on-campus housing during and between academic terms. Further, the bill requires IHEs to designate a staff liaison to assist these students with support services, programs, and community resources in a variety of areas, including financial aid and housing. The bill also requires these students to receive in-state tuition rates at public IHEs. Under current law, some states offer these students in-state tuition or provide them with tuition waivers.

SHORT TITLE. 2. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 3. TECHNICAL CORRECTIONS TO FAFSA SIMPLIFICATION ACT. 11432).''. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. 677) or delays attributable to the institution.''. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. 8. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 10. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 11. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. 16. is amended by adding at the end the following: ``SEC. ``(a) Guidance.--Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. EFFECTIVE DATE.

SHORT TITLE. 2. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 3. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. 677) or delays attributable to the institution.''. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. 8. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 10. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 11. is amended by adding at the end the following: ``SEC. EFFECTIVE DATE.

SHORT TITLE. 2. DEFINITIONS. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. 11434a). ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 3. TECHNICAL CORRECTIONS TO FAFSA SIMPLIFICATION ACT. Section 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended-- (1) in subsection (a)(1)(D), by inserting ``the same or'' before ``a prior award''; (2) in subsection (b)(5), by inserting ``the same or'' before ``a prior award''; and (3) in subsection (d)(2)-- (A) by inserting ``this section, or paragraph (2), (8), or (9) of section 480(d),'' after ``pursuant to section 479A(c),''; and (B) by striking ``under such paragraph in the same award year'' and inserting ``under such provisions in the same or a prior award year''. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).''. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. 677) or delays attributable to the institution.''. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. 8. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 10. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 11. REPORTS AND EVALUATIONS. to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. 14. DATA TRANSPARENCY ON THE NUMBER OF PENDING REQUESTS FOR DETERMINATION BY HOMELESS YOUTH. 15. IN-STATE TUITION RATES FOR HOMELESS AND FOSTER YOUTH. 16. is amended by adding at the end the following: ``SEC. 124. ``(a) Guidance.--Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. 17. EFFECTIVE DATE.

SHORT TITLE. 2. DEFINITIONS. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. 11434a). ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 3. TECHNICAL CORRECTIONS TO FAFSA SIMPLIFICATION ACT. Section 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended-- (1) in subsection (a)(1)(D), by inserting ``the same or'' before ``a prior award''; (2) in subsection (b)(5), by inserting ``the same or'' before ``a prior award''; and (3) in subsection (d)(2)-- (A) by inserting ``this section, or paragraph (2), (8), or (9) of section 480(d),'' after ``pursuant to section 479A(c),''; and (B) by striking ``under such paragraph in the same award year'' and inserting ``under such provisions in the same or a prior award year''. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).''. LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. 677) or delays attributable to the institution.''. 1070a-12(d)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; ``(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and ``(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth.''. 8. 9. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 10. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 11. REPORTS AND EVALUATIONS. to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. 14. DATA TRANSPARENCY ON THE NUMBER OF PENDING REQUESTS FOR DETERMINATION BY HOMELESS YOUTH. 15. IN-STATE TUITION RATES FOR HOMELESS AND FOSTER YOUTH. 16. is amended by adding at the end the following: ``SEC. 124. ``(a) Guidance.--Not later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. 17. EFFECTIVE DATE.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( STUDENT LOAN OMBUDSMAN ASSISTANCE FOR HOMELESS AND FOSTER YOUTH. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432).''. a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; SERVING HOMELESS AND FOSTER YOUTH IN UPWARD BOUND. Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. Section 402D(e) of the Higher Education Act of 1965 (20 U.S.C. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C. REPORTS AND EVALUATIONS. Section 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( b) Permissible Activities.--Section 404D(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a-24(b)) is amended by adding at the end the following: ``(16) Facilitating the recruitment, participation, and retention of homeless youth and foster care youth, which may include-- ``(A) establishing partnerships with community- based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) to identify students, improve policies and practices, and to establish data sharing agreements; ``(B) carrying out-- ``(i) activities to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement; and ``(ii) policies consistent with the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 443(b)(6) of the Higher Education Act of 1965 (20 U.S.C. 1087-53(b)(6)) is amended by inserting ``, and prioritize employment for students who are homeless youth or foster care youth'' after ``thereof''. Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. IN-STATE TUITION RATES FOR HOMELESS AND FOSTER YOUTH. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. (a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' and inserting ``institution; and''; and (4) by adding at the end the following: ``(B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.''. ( SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. REPORTS AND EVALUATIONS. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( c) Evaluation and Report.--Section 404G of the Higher Education Act of 1965 (20 U.S.C. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. (a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' and inserting ``institution; and''; and (4) by adding at the end the following: ``(B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.''. ( SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. REPORTS AND EVALUATIONS. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( c) Evaluation and Report.--Section 404G of the Higher Education Act of 1965 (20 U.S.C. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and ``(B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. ''; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( LIAISONS AND ACCESS TO HOUSING FOR HOMELESS AND FOSTER YOUTH. (a) Access to Housing.--Section 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended-- (1) by striking ``The institution will not'' and inserting the following: ``The institution-- ``(A) will not''; (2) by inserting ``housing facilities,'' after ``libraries,''; (3) by striking ``institution.'' and inserting ``institution; and''; and (4) by adding at the end the following: ``(B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act (42 U.S.C. 677) or delays attributable to the institution.''. ( SERVING HOMELESS AND FOSTER YOUTH IN FEDERAL TRIO PROGRAMS. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. SERVING HOMELESS AND FOSTER YOUTH IN EDUCATIONAL OPPORTUNITY CENTERS. REPORTS AND EVALUATIONS. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( c) Evaluation and Report.--Section 404G of the Higher Education Act of 1965 (20 U.S.C. PRIORITY FOR FEDERAL WORK-STUDY PROGRAMS FOR HOMELESS AND FOSTER YOUTH. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. The amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116-260) and in accordance with section 701(b) of such Act.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C. SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and ``(C) carrying out other activities to meet the needs of such homeless youth and foster care youth.''. ( Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. ``(2) Homeless and foster youth.--With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( ( Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: ``(25) Unaccompanied.--The terms `unaccompanied' and `unaccompanied youth' have the meaning given the term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. ( ''; SERVING HOMELESS AND FOSTER YOUTH IN STUDENT SUPPORT SERVICES. Section 135 of the Higher Education Act of 1965 (20 U.S.C. and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

To amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth. Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a- 11) is amended-- (1) in subsection (c)(6), by striking the last sentence and inserting the following: ``The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ''; 1070a- 18) is amended by adding at the end the following: ``(e) Report Regarding Homeless and Foster Youth.--Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes-- ``(1) data on the number of homeless youth and foster care youth served through the project; and ``(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth.''. SERVING HOMELESS AND FOSTER YOUTH IN GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. ( ( Section 483(c)(2)(B) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant's request for the institution to consider the applicant's special circumstance of being homeless.''. ''; and (3) by striking subsections (c) and (d) and inserting the following: ``(c) Effective Date.-- ``(1) Armed forces.--With respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.

Higher Education Access and Success for Homeless and Foster Youth Act of 2022 - Amends the Higher Education Act of 1965 (HEA) to: (1) revise the definition of "homeless youth" to include children and youth whose care and placement are the responsibility of a state or tribal agency that administers a State or Tribal plan under part B (Temporary Assistance for Needy Families Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education participating in any program to: (1) designate an appropriate staff person with sufficient capacity and training to act as a liaison to assist homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth in accessing and completing postsecondary Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each entity carrying out a project to: (1) report to the Secretary of Education on the number of homeless youth and foster care youth served through the project; and (2) describe any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth Amends the Higher Education Act of 1965 to prohibit a state from charging a homeless youth or a foster care youth tuition and required fees for attendance at a public institution of higher education (IHE) at a rate that is greater than the rate of tuition and fees charged for residents of the state. Requires the Secretary of Education to issue revised guidance for IHEs and financial aid administrators regarding

S.4507

Labor and Employment

Chase COVID Unemployment Fraud Act of 2022 This bill addresses fraud and overpayments of pandemic unemployment assistance, including by allowing states to retain a specified percentage of recovered funds and prohibiting the Department of Labor from allowing blanket waivers of overpayments.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chase COVID Unemployment Fraud Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Throughout the COVID-19 pandemic criminal organizations, including international cybercrime rings and opportunistic foreign actors, exploited a national crisis to steal billions from American taxpayers. Fraud delayed legitimate payments to unemployed workers and turned thousands of Americans into unwitting identity theft victims. (2) The size, scope, and severity of pandemic unemployment fraud is not fully known. (3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. Just over $4 billion of these funds have been recovered. (4) The White House has estimated an 18.71 percent improper payment rate in the Federal-State unemployment insurance program in fiscal year 2021. This estimate does not include improper payments made in the Pandemic Unemployment Assistance program, nor does it include the period of greatest fraudulent activity when generous $600 weekly Federal supplements made unemployment a lucrative target for fraudsters. (5) According to the Government Accountability Office, from March 2020 through October 2021, 145 individuals pleaded guilty to Federal charges of defrauding unemployment insurance programs and Federal charges are pending against 250 individuals. (6) As of January 2022, the Labor Department's Inspector General reported opening more than 31,000 investigative matters involving alleged unemployment fraud and reported that it assisted other Federal and State agencies in identifying and recovering more than $565 million in fraudulently stolen unemployment benefits. (7) In California, State workforce officials confirmed they paid out fraudulent unemployment claims totaling $11 billion and identified another $20 billion in claims still under investigation. (8) The Pandemic Response Accountability Committee published a report compiling the results of investigations from 16 State auditors, finding $39 billion in pandemic unemployment fraud. (9) There is growing evidence that criminal groups perpetrating unemployment fraud pose a threat to national security. (10) According to the Department of Justice and U.S. Secret Service, a significant amount of fraud was driven by known transnational organized criminal networks, including cartels with origins in countries including China, Ghana, Nigeria, Romania, and Russia. (11) The Department of Justice reports that the International Organized Crime Intelligence Operations Center has referred a large number of unemployment fraud cases to the Federal Bureau of Investigation. (12) The American people expect Congress to be an effective steward of taxpayer dollars and vigilant in pursuit and recovery of funds when taxpayer dollars are improperly paid. (13) Congress has a responsibility to gain restitution for American taxpayers by ensuring aggressive identification, investigation, and prosecution of criminal fraud in pandemic unemployment programs. SEC. 3. RECOVERING FEDERAL FRAUDULENT COVID UNEMPLOYMENT COMPENSATION PAYMENTS. (a) Allowing States To Retain Percentage of Overpayments for Administration, Information Technology Modernization, and Program Integrity.-- (1) Pandemic unemployment assistance.-- (A) In general.--Section 2102 of the CARES Act (15 U.S.C. 9021) is amended-- (i) by redesignating subsection (h) as subsection (i); and (ii) by inserting after subsection (g) the following: ``(h) Fraud and Overpayments.-- ``(1) In general.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of pandemic unemployment assistance under this section to which such individual was not entitled, such individual-- ``(A) shall be ineligible for further pandemic unemployment assistance under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and ``(B) shall be subject to prosecution under section 1001 of title 18, United States Code. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(3) Recovery by state agency.-- ``(A) In general.--The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 5-year period after the date such individuals received the payment of the pandemic unemployment assistance to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C). ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (B) Conforming amendment.--Section 2102(d) of such Act (15 U.S.C. 9021(d)) is amended by striking paragraph (4). (2) Federal pandemic unemployment compensation.--Section 2104(f)(3) of such Act (15 U.S.C. 9023(f)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (3) Pandemic emergency unemployment compensation.--Section 2107(e)(3) of such Act (15 U.S.C. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Reimbursement of administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. (c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. SEC. 4. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM ADMINISTRATION. (a) Withdrawal Standard in the Internal Revenue Code.--Section 3304(a)(4) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (F), by striking ``and'' after the semicolon; (2) by inserting after subparagraph (G) the following new subparagraphs: ``(H) an amount, not to exceed 5 percent, of any overpayment of compensation recovered by the State (other than an overpayment made as the result of agency error) may, immediately following the State's receipt of such recovered amount, be deposited in a State fund from which money may be withdrawn for-- ``(i) the payment of costs of deterring, detecting, and collecting improper payments to individuals; ``(ii) purposes relating to the proper classification of employees as independent contractors, implementation of provisions of State law implementing section 303(k) of the Social Security Act, or other provisions of State law relating to employer fraud or evasion of contributions; ``(iii) the payment to the Secretary of the Treasury to the credit of the account of the State in the Unemployment Trust Fund; ``(iv) modernizing the State's unemployment insurance technology infrastructure; or ``(v) otherwise assisting States in improving the timely and accurate administration of a State's unemployment compensation law; and ``(I) an amount, not to exceed 5 percent, of any payments of contributions, or payments in lieu of contributions, that are collected as a result of an investigation and assessment by the State agency may, immediately following receipt of such payments, be deposited in a State fund from which moneys may be withdrawn for the purposes specified in subparagraph (H);''. (b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``and for refunds of sums'' and all that follows and inserting ``except as otherwise provided in this section, section 3304(a)(4) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law; and''. (d) Immediate Deposit Requirements in the Internal Revenue Code.-- Section 3304(a)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(3) all money received in the unemployment fund shall immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act (42 U.S.C. 1104), except for-- ``(A) refunds of sums improperly paid into such fund; ``(B) refunds paid in accordance with the provisions of section 3305(b); and ``(C) amounts deposited in a State fund in accordance with subparagraph (H) or (I) of paragraph (4);''. (e) Immediate Deposit Requirement in Social Security Act Requirement.--Section 303(a)(4) of the Social Security Act (42 U.S.C. 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. (f) Application to Federal Payments.--When administering any Federal program providing compensation (as defined in section 3306 of the Internal Revenue Code of 1986), the State shall use the authority provided under subparagraphs (H) and (I) of section 3304(a)(4) of such Code in the same manner as such authority is used with respect to improper payments made under the State unemployment compensation law. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. SEC. 5. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. (a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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.''. (b) Use of Fraud Prevention and Detection Systems in Administration of Unemployment Compensation Programs.-- (1) In general.--Section 303 of the Social Security Act (42 U.S.C. 503), as amended by subsection (a), is further amended by adding at the end the following: ``(n) State Use of Fraud Prevention and Detection Systems.-- ``(1) In general.--The State agency charged with administration of the State law shall establish procedures to do the following: ``(A) National directory of new hires.--Use the National Directory of New Hires established under section 453(i)-- ``(i) to compare information in such Directory against information about individuals claiming unemployment compensation to identify any such individuals who may have become employed, in accordance with any regulations that the Secretary of Health and Human Services may issue and consistent with the computer matching provisions of the Privacy Act of 1974; ``(ii) to take timely action to verify whether the individuals identified pursuant to clause (i) are employed; and ``(iii) upon verification pursuant to clause (ii), to take appropriate action to suspend or modify unemployment compensation payments, and to initiate recovery of any improper unemployment compensation payments that have been made. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(C) Incarcerated individuals.--Seek information from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii), and from such other sources as the State agency determines appropriate, to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility is ineligible for unemployment compensation on account of such individuals inability to satisfy the requirement under subsection (a)(12). ``(D) Deceased individuals.--Compare information of individuals claiming unemployment compensation against the information regarding deceased individuals furnished to or maintained by the Commissioner of Social Security under section 205(r). ``(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 the State agency fails 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 such State. ``(3) Unemployment compensation.--For the purposes of this subsection, any reference to unemployment compensation described in this paragraph shall be considered to refer to-- ``(A) regular or extended compensation (as defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970); ``(B) unemployment compensation (as defined by section 85(b) of the Internal Revenue Code of 1986) provided under any program administered by a State under an agreement with the Secretary; and ``(C) short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986).''. (c) Effective Date.--The amendments made by this section shall take effect with respect to each State 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 amendment; or (2) October 1, 2024. SEC. 6. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. (a) In General.--The Secretary of Labor shall collect data from each State on the amount of overpayment recoveries that are waived related to unemployment compensation programs authorized by the CARES Act (15 U.S.C. 9021 et seq.), with a separate accounting for the pandemic unemployment assistance program, and any unemployment compensation amounts excluded by each State from IRS Form 1099-G, Certain Government Payments, during taxable years 2020 and 2021 due to suspected or confirmed fraud. (b) Report to Congress.--Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Committees on Ways and Means and Oversight and Reform of the House of Representatives and the Committees on Finance and Homeland Security and Governmental Affairs of the Senate that conveys the overpayment data described in subparagraph (a) and includes an estimate of the aggregate amount of pandemic unemployment compensation overpayments nationally, including the subset of overpayments made due to fraud, and total amounts recovered by Federal or State agencies. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. (c) Expedited Collection.--The Secretary of Labor may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act'') with respect to the provisions in the amendments made by this Act. SEC. 7. PROHIBITION ON DEPARTMENT OF LABOR ALLOWING BLANKET WAIVERS OF OVERPAYMENTS. Upon the date of enactment, the Secretary of Labor shall be prohibited from issuing guidance that permits States to use blanket or issue categorical waivers of overpayment recovery in Federal pandemic unemployment compensation programs authorized under the CARES Act (15 U.S.C. 9021 et seq.). The Secretary shall amend or rescind any guidance as necessary to conform with the prohibition in the preceding sentence. SEC. 8. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law. Such modifications shall apply through December 31, 2023, and may include engaging temporary staff, hiring retirees or former employees on a non-competitive basis, contracting with vendors, and other temporary actions to identify, investigate, prosecute, and recover fraudulent pandemic unemployment compensation benefits. <all>

Chase COVID Unemployment Fraud Act of 2022

A bill to provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes.

Chase COVID Unemployment Fraud Act of 2022

Sen. Crapo, Mike

R

ID

This bill addresses fraud and overpayments of pandemic unemployment assistance, including by allowing states to retain a specified percentage of recovered funds and prohibiting the Department of Labor from allowing blanket waivers of overpayments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. 3. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. 9021(d)) is amended by striking paragraph (4). ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. 4. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM ADMINISTRATION. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. 6. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. 7. SEC. 8. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 3. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. 9021(d)) is amended by striking paragraph (4). ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. 4. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. SEC. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Throughout the COVID-19 pandemic criminal organizations, including international cybercrime rings and opportunistic foreign actors, exploited a national crisis to steal billions from American taxpayers. (3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. 3. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. 9021(d)) is amended by striking paragraph (4). ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 4. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM ADMINISTRATION. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 1104), except for-- ``(A) refunds of sums improperly paid into such fund; ``(B) refunds paid in accordance with the provisions of section 3305(b); and ``(C) amounts deposited in a State fund in accordance with subparagraph (H) or (I) of paragraph (4);''. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. 6. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. 9021 et seq. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. 7. The Secretary shall amend or rescind any guidance as necessary to conform with the prohibition in the preceding sentence. SEC. 8. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Throughout the COVID-19 pandemic criminal organizations, including international cybercrime rings and opportunistic foreign actors, exploited a national crisis to steal billions from American taxpayers. (3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. (5) According to the Government Accountability Office, from March 2020 through October 2021, 145 individuals pleaded guilty to Federal charges of defrauding unemployment insurance programs and Federal charges are pending against 250 individuals. 3. 9021) is amended-- (i) by redesignating subsection (h) as subsection (i); and (ii) by inserting after subsection (g) the following: ``(h) Fraud and Overpayments.-- ``(1) In general.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of pandemic unemployment assistance under this section to which such individual was not entitled, such individual-- ``(A) shall be ineligible for further pandemic unemployment assistance under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and ``(B) shall be subject to prosecution under section 1001 of title 18, United States Code. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. 9021(d)) is amended by striking paragraph (4). ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(iii) Hiring fraud investigators and prosecutors. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. (b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 4. PERMISSIBLE USES OF UNEMPLOYMENT FUND FOR PROGRAM ADMINISTRATION. (c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 1104), except for-- ``(A) refunds of sums improperly paid into such fund; ``(B) refunds paid in accordance with the provisions of section 3305(b); and ``(C) amounts deposited in a State fund in accordance with subparagraph (H) or (I) of paragraph (4);''. With respect to improper Federal payments recovered consistent with the authority under subparagraphs (H) and (I) of such section, the State shall immediately deposit the same percentage of the recovered payments into the same State fund as provided in the State law implementing that section. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. 6. REPORTING UNEMPLOYMENT COMPENSATION OVERPAYMENTS AND FRAUD. 9021 et seq. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. 7. The Secretary shall amend or rescind any guidance as necessary to conform with the prohibition in the preceding sentence. SEC. 8. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law. Such modifications shall apply through December 31, 2023, and may include engaging temporary staff, hiring retirees or former employees on a non-competitive basis, contracting with vendors, and other temporary actions to identify, investigate, prosecute, and recover fraudulent pandemic unemployment compensation benefits.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. (5) According to the Government Accountability Office, from March 2020 through October 2021, 145 individuals pleaded guilty to Federal charges of defrauding unemployment insurance programs and Federal charges are pending against 250 individuals. ( 11) The Department of Justice reports that the International Organized Crime Intelligence Operations Center has referred a large number of unemployment fraud cases to the Federal Bureau of Investigation. ( (13) Congress has a responsibility to gain restitution for American taxpayers by ensuring aggressive identification, investigation, and prosecution of criminal fraud in pandemic unemployment programs. RECOVERING FEDERAL FRAUDULENT COVID UNEMPLOYMENT COMPENSATION PAYMENTS. ( ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. 9023(f)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation that were determined to be made due to fraud. ``(ii) Administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. (b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``and for refunds of sums'' and all that follows and inserting ``except as otherwise provided in this section, section 3304(a)(4) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law; and''. ( (e) Immediate Deposit Requirement in Social Security Act Requirement.--Section 303(a)(4) of the Social Security Act (42 U.S.C. 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( f) Application to Federal Payments.--When administering any Federal program providing compensation (as defined in section 3306 of the Internal Revenue Code of 1986), the State shall use the authority provided under subparagraphs (H) and (I) of section 3304(a)(4) of such Code in the same manner as such authority is used with respect to improper payments made under the State unemployment compensation law. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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.''. ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(C) Incarcerated individuals.--Seek information from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii), and from such other sources as the State agency determines appropriate, to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility is ineligible for unemployment compensation on account of such individuals inability to satisfy the requirement under subsection (a)(12). ``(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 the State agency fails 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. c) Effective Date.--The amendments made by this section shall take effect with respect to each State 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 amendment; or (2) October 1, 2024. a) In General.--The Secretary of Labor shall collect data from each State on the amount of overpayment recoveries that are waived related to unemployment compensation programs authorized by the CARES Act (15 U.S.C. 9021 et seq. ), Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. ( c) Expedited Collection.--The Secretary of Labor may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act'') with respect to the provisions in the amendments made by this Act. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law. Such modifications shall apply through December 31, 2023, and may include engaging temporary staff, hiring retirees or former employees on a non-competitive basis, contracting with vendors, and other temporary actions to identify, investigate, prosecute, and recover fraudulent pandemic unemployment compensation benefits.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. Just over $4 billion of these funds have been recovered. ( (9) There is growing evidence that criminal groups perpetrating unemployment fraud pose a threat to national security. ( 11) The Department of Justice reports that the International Organized Crime Intelligence Operations Center has referred a large number of unemployment fraud cases to the Federal Bureau of Investigation. ( ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. ( Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Reimbursement of administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``and for refunds of sums'' and all that follows and inserting ``except as otherwise provided in this section, section 3304(a)(4) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law; and''. ( f) Application to Federal Payments.--When administering any Federal program providing compensation (as defined in section 3306 of the Internal Revenue Code of 1986), the State shall use the authority provided under subparagraphs (H) and (I) of section 3304(a)(4) of such Code in the same manner as such authority is used with respect to improper payments made under the State unemployment compensation law. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(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 the State agency fails 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. (c) Effective Date.--The amendments made by this section shall take effect with respect to each State 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 amendment; or (2) October 1, 2024. Upon the date of enactment, the Secretary of Labor shall be prohibited from issuing guidance that permits States to use blanket or issue categorical waivers of overpayment recovery in Federal pandemic unemployment compensation programs authorized under the CARES Act (15 U.S.C. 9021 et seq.). EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. Just over $4 billion of these funds have been recovered. ( (9) There is growing evidence that criminal groups perpetrating unemployment fraud pose a threat to national security. ( 11) The Department of Justice reports that the International Organized Crime Intelligence Operations Center has referred a large number of unemployment fraud cases to the Federal Bureau of Investigation. ( ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. ``(iv) Other program integrity purposes identified by the State and approved by the Secretary.''. ( Amounts so retained by the State agency shall be used for administration of the State's unemployment compensation program for any of following: ``(i) Modernizing unemployment compensation systems and information technology to improve accuracy of benefit payments, cybersecurity, and identity verification and validation of applicants. ``(ii) Reimbursement of administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( c) Withdrawal Standard in Social Security Act.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``and for refunds of sums'' and all that follows and inserting ``except as otherwise provided in this section, section 3304(a)(4) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law; and''. ( f) Application to Federal Payments.--When administering any Federal program providing compensation (as defined in section 3306 of the Internal Revenue Code of 1986), the State shall use the authority provided under subparagraphs (H) and (I) of section 3304(a)(4) of such Code in the same manner as such authority is used with respect to improper payments made under the State unemployment compensation law. (g) Effective Date.--The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of such period. PREVENTING UNEMPLOYMENT COMPENSATION FRAUD THROUGH DATA MATCHING, IDENTITY VERIFICATION, AND INCOME VERIFICATION. ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. ``(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 the State agency fails 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. (c) Effective Date.--The amendments made by this section shall take effect with respect to each State 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 amendment; or (2) October 1, 2024. Upon the date of enactment, the Secretary of Labor shall be prohibited from issuing guidance that permits States to use blanket or issue categorical waivers of overpayment recovery in Federal pandemic unemployment compensation programs authorized under the CARES Act (15 U.S.C. 9021 et seq.). EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 3) The Labor Department's Office of the Inspector General estimates that at least $163 billion of the $872.5 billion in Federal-State unemployment benefits paid during the pandemic could have been improperly paid, with a significant portion attributable to fraud. ( ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. 9025(e)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``3-year'' and inserting ``5-year''; and (ii) by inserting ``, except that a State may retain a percentage of any amounts recovered as described in subparagraph (C)'' before the period at the end; and (B) by adding at the end the following: ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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.''. ( ``(C) Incarcerated individuals.--Seek information from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii), and from such other sources as the State agency determines appropriate, to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility is ineligible for unemployment compensation on account of such individuals inability to satisfy the requirement under subsection (a)(12). ``(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 the State agency fails 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. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. ( If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. ( ( 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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) 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 the State agency fails 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. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. (

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. ( ( 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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) 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 the State agency fails 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. Such report shall be updated by the Secretary not later than 120 days after submission of the initial report to Congress. (

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. ``(C) Retention of percentage of recovered funds.-- The State agency may retain 25 percent of any amount recovered from overpayments of pandemic unemployment assistance that were determined to be made due to fraud. b) Treatment Under Withdrawal Requirements.--Any amount retained by a State pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), or 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act (42 U.S.C. 503(a)) or paragraph (4) or (5) of section 3304(a) of the Internal Revenue Code of 1986. ( b) Definition of Unemployment Fund.--Section 3306(f) of the Internal Revenue Code of 1986 is amended by striking ``and for refunds of sums'' and all that follows and inserting ``, except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law.''. ( ( ``(B) State information data exchange system.--Use the Department of Labor's State Information Data Exchange System to facilitate employer responses to requests for information from State workforce agencies. If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent pandemic unemployment benefits, subject to the succeeding sentence, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act (42 U.S.C. 503) and section 3304 of the Internal Revenue Code of 1986 to such State law.

To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. c) Limitation on Retention Authority.--The authority of a State to retain any amount pursuant to section 2102(h)(3)(C), section 2104(f)(3)(C), and 2107(e)(3)(C) of the CARES Act shall apply only-- (1) with respect to an amount recovered on or after the date of enactment of this Act; and (2) during the 5-year period beginning on the date on which such amount was received by an individual not entitled to such amount. ( ( 503(a)(4)) is amended by striking the parenthetical and inserting ``(except as otherwise provided in this section, section 3304(a)(3) of the Internal Revenue Code of 1986, or any other provisions of Federal unemployment compensation law)''. ( a) Unemployment Compensation Data Integrity Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended by adding at the end the following: ``(13) 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.''. (

Chase COVID Unemployment Fraud Act of 2022 - Amends the CARES Act to prohibit an individual from receiving further pandemic unemployment assistance under the Federal-State unemployment insurance program (Fannie Mae or Freddie Mac) if the individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact or knowingly has failed, or failed to fail Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to authorize a state agency to retain 25% of any amount recovered from overpayments of Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation that were determined to be made due to fraud. Such funds shall be used for administration of the state's Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require all money received in the unemployment fund to be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund (USTF). (Currently, the OASDI Act requires refunds of sums improperly paid into the fund.) (Currently the OAST Amends the Federal-State Extended Unemployment Compensation Act of 1970 to: (1) extend from weeks of unemployment to months of unemployment in each state beginning on or after October 1, 2024, if the state changes its statutes, regulations, or policies to comply with such amendment; and (2) prohibit the Secretary of Labor from issuing guidance that permits states to use blanket or categorical waivers

S.4594

Government Operations and Politics

National Regulatory Budget Act of 2022 This bill requires the establishment of a national regulatory budget to limit the costs of federal regulations. It also establishes (1) procedures for enforcing the regulatory budget, (2) the Office of Regulatory Analysis within the executive branch, and (3) a Regulatory Analysis Advisory Board.

To establish a National Regulatory Budget, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Regulatory Budget Act of 2022''. SEC. 2. ESTABLISHMENT OF THE OFFICE OF REGULATORY ANALYSIS. (a) In General.--Part I of title 5, United States Code, is amended by inserting after chapter 6 the following: ``CHAPTER 6A--NATIONAL REGULATORY BUDGET AND OFFICE OF REGULATORY ANALYSIS ``Sec. ``613. Definitions. ``614. Office of Regulatory Analysis; establishment; powers. ``615. Functions of Office of Regulatory Analysis; Executive branch agency compliance. ``616. Public disclosure of estimate methodology and data; privacy. ``617. National Regulatory Budget; timeline. ``618. Executive branch agency cooperation mandatory; information sharing. ``619. Enforcement. ``620. Regulatory Analysis Advisory Board. ``Sec. 613. Definitions ``In this chapter-- ``(1) the term `aggregate costs', with respect to a covered Federal rule, means the sum of-- ``(A) the direct costs of the covered Federal rule; and ``(B) the regulatory costs of the covered Federal rule; ``(2) the term `covered Federal rule' means-- ``(A) a rule (as defined in section 551); ``(B) an information collection requirement given a control number by the Office of Management and Budget; or ``(C) guidance or a directive that-- ``(i) is not described in subparagraph (A) or (B); ``(ii)(I) is mandatory in its application to regulated entities; or ``(II) represents a statement of agency position that regulated entities would reasonably construe as reflecting the enforcement or litigation position of the agency; and ``(iii) imposes not less than $25,000,000 in annual costs on regulated entities; ``(3) the term `direct costs' means-- ``(A) expenditures made by an Executive branch agency that relate to the promulgation, administration, or enforcement of a covered Federal rule; or ``(B) costs incurred by an Executive branch agency or any other instrumentality of the Federal Government because of a covered Federal rule; ``(4) the term `Director' means the Director of the Office of Regulatory Analysis established under section 614(b); ``(5) the term `Executive branch agency' has the meaning given the term `agency' in section 551, except that it shall not include an authority of the Government of the United States that is within another agency; ``(6) the term `regulated entity' means-- ``(A) a for-profit private sector entity (including an individual who is in business as a sole proprietor); ``(B) a not-for-profit private sector entity; or ``(C) a State or local government; and ``(7) the term `regulatory costs' means all costs incurred by a regulated entity because of covered Federal rules. ``Sec. 614. Office of Regulatory Analysis; establishment; powers ``(a) Establishment.--There is established in the executive branch an independent establishment to be known as the `Office of Regulatory Analysis'. ``(b) Director.-- ``(1) Establishment of position.--There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Term.-- ``(A) In general.--The term of office of the Director shall-- ``(i) be 4 years; and ``(ii) expire on the last day of February following each Presidential election. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(C) Service until appointment of successor.--An individual serving as Director at the expiration of a term may continue to serve until a successor is appointed. ``(3) Powers.-- ``(A) Appointment of deputy directors, officers, and employees.-- ``(i) In general.--The Director may appoint Deputy Directors, officers, and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53. ``(ii) Term of deputy directors.--A Deputy Director shall serve until the expiration of the term of office of the Director who appointed the Deputy Director (and until a successor to that Director is appointed), unless sooner removed by the Director. ``(B) Contracting.-- ``(i) In general.--The Director may contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance, or by reimbursement, from funds of the Office of Regulatory Analysis in such amounts as may be agreed upon by the Director and the head of the Federal agency providing the services. ``(ii) Subject to appropriations.--Contract authority under clause (i) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Office of Regulatory Analysis for each fiscal year such sums as may be necessary to enable the Office of Regulatory Analysis to carry out its duties and functions. ``Sec. 615. Functions of Office of Regulatory Analysis; Executive branch agency compliance ``(a) Annual Report Required.-- ``(1) In general.--Not later than January 30 of each year, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Small Business of the House of Representatives a Report on National Regulatory Costs (referred to in this section as the `Report') that includes the information specified under paragraph (2). ``(2) Contents.--Each Report shall include- ``(A) an estimate, for the fiscal year during which the Report is submitted and for the preceding fiscal year, of-- ``(i) the regulatory costs imposed by each Executive branch agency on regulated entities; ``(ii) the aggregate costs imposed by each Executive branch agency; ``(iii) the aggregate costs imposed by all Executive branch agencies combined; ``(iv) the direct costs incurred by the Federal Government because of covered Federal rules issued by each Executive branch agency; ``(v) the sum of the costs described in clauses (iii) and (iv); ``(vi) the regulatory costs imposed by each Executive branch agency on small businesses, small organizations, and small governmental jurisdictions (as those terms are defined in section 601); and ``(vii) the sum of the costs described in clause (vi); ``(B) an analysis of any major changes in estimation methodology used by the Office of Regulatory Analysis since the previous annual report; ``(C) an analysis of any major estimate changes caused by improved or inadequate data since the previous annual report; ``(D) recommendations, both general and specific, regarding-- ``(i) how regulations may be streamlined, simplified, and modernized; ``(ii) regulations that should be repealed; and ``(iii) how the Federal Government may reduce the costs of regulations without diminishing the effectiveness of regulations; and ``(E) any other information that the Director determines may be of assistance to Congress in determining the National Regulatory Budget required under section 617. ``(b) Regulatory Analysis of New Rules.-- ``(1) Requirement.--The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that-- ``(A) imposes costs on a regulated entity; or ``(B) reduces costs imposed on a regulated entity. ``(2) Contents.--Each regulatory analysis published under paragraph (1) shall include-- ``(A) an estimate of the change in regulatory cost of each proposed covered Federal rule (or proposed withdrawal or modification of a covered Federal rule); and ``(B) any other information or recommendation that the Director may choose to provide. ``(3) Timing of regulatory analysis.-- ``(A) Initial regulatory analysis.--Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. ``(B) Revised regulatory analysis.--The Director may publish a revised regulatory analysis at any time. ``(4) Notice to director of proposed covered federal rule.--The head of an Executive branch agency shall provide a copy of each proposed covered Federal rule to the Director in a manner prescribed by the Director. ``(c) Effective Dates.-- ``(1) In general.--Except as provided in paragraph (2), a covered Federal rule may not take effect earlier than 75 days after the date on which the head of the Executive branch agency proposing the covered Federal rule submits a copy of the proposed covered Federal rule to the Director in the manner prescribed by the Director under subsection (b)(4). ``(2) Exception.--If the head of the Executive branch agency proposing a covered Federal rule determines that the public health or safety or national security requires that the covered Federal rule be promulgated earlier than the date specified under paragraph (1), the head of the Executive branch agency may promulgate the covered Federal rule without regard to paragraph (1). ``Sec. 616. Public disclosure of estimate methodology and data; privacy ``(a) Privacy.--The Director shall comply with all relevant privacy laws, including-- ``(1) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note); ``(2) section 9 of title 13; and ``(3) section 6103 of the Internal Revenue Code of 1986. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Goal of disclosure.--In disclosing the methodology and data under paragraph (1), the Director shall seek to provide sufficient information so that outside researchers may replicate the results contained in the Report on National Regulatory Costs. ``Sec. 617. National Regulatory Budget; timeline ``(a) Definition.--In this section-- ``(1) the term `annual overall regulatory cost cap' means the maximum amount of regulatory costs that all Executive branch agencies combined may impose in a fiscal year; ``(2) the term `annual agency regulatory cost cap' means the maximum amount of regulatory costs that an Executive branch agency may impose in a fiscal year; and ``(3) the term `National Regulatory Budget' means an Act of Congress that establishes, for a fiscal year-- ``(A) the annual overall regulatory cost cap; and ``(B) an annual agency regulatory cost cap for each Executive branch agency. ``(b) Committee Deadlines.-- ``(1) Referral.--Not later than March 31 of each year-- ``(A) the Committee on Small Business and Entrepreneurship of the Senate shall refer to the Committee on Homeland Security and Governmental Affairs of the Senate a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Small Business of the House of Representatives shall refer to the Committee on Oversight and Reform of the House of Representatives a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(c) Passage.--Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(d) Presentment.--Not later than September 15 of each year, Congress shall pass and present to the President a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(e) Default Budget.-- ``(1) In general.--If a National Regulatory Budget is not enacted with respect to a fiscal year, the most recently enacted National Regulatory Budget shall apply to that fiscal year. ``(2) Default initial budget.-- ``(A) Calculation.--If a National Regulatory Budget is not enacted with respect to a fiscal year, and no National Regulatory Budget has previously been enacted-- ``(i) the annual agency regulatory cost cap for an Executive branch agency for the fiscal year shall be equal to the amount of regulatory costs imposed by that Executive branch agency on regulated entities during the preceding fiscal year, as estimated by the Director in the annual report submitted to Congress under section 615(a); and ``(ii) the annual overall regulatory cost cap for the fiscal year shall be equal to the sum of the amounts described in clause (i). ``(B) Effect.--For purposes of section 619, an annual agency regulatory cost cap described in subparagraph (A) that applies to a fiscal year shall have the same effect as if the annual agency regulatory cost cap were part of a National Regulatory Budget applicable to that fiscal year. ``(f) Initial Budget.--The first National Regulatory Budget shall be with respect to fiscal year 2024. ``Sec. 618. Executive branch agency cooperation mandatory; information sharing ``(a) Executive Branch Agency Cooperation Mandatory.--Not later than 45 days after the date on which the Director requests any information from an Executive branch agency, the Executive branch agency shall provide the Director with the information. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(2) Degree of confidentiality or data protection.--An Executive branch agency may not require a greater degree of confidentiality or data protection from the Director in a memorandum of understanding entered into under paragraph (1) than the Executive branch agency itself must adhere to. ``(3) Scope.--A memorandum of understanding entered into by the Director and an Executive branch agency under paragraph (1) shall-- ``(A) be general in scope; and ``(B) govern all pending and future requests made to the Executive branch agency by the Director. ``(c) Sanctions for Non-Cooperation.-- ``(1) In general.--The appropriations of an Executive branch agency for a fiscal year shall be reduced by one-half of 1 percent if, during that fiscal year, the Director finds that-- ``(A) the Executive branch agency has failed to timely provide information that the Director requested under subsection (a); ``(B) the Director has provided notice of the failure described in subparagraph (A) to the Executive branch agency; ``(C) the Executive branch agency has failed to cure the failure described in subparagraph (A) within 30 days of being notified under subparagraph (B); and ``(D) the information that the Director requested under subsection (a)-- ``(i) is in the possession of the Executive branch agency; or ``(ii) may reasonably be developed by the Executive branch agency. ``(2) Sequestration.--The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. ``(3) Appeals.-- ``(A) In general.--The Director of the Office of Management and Budget may reduce the amount of, or except as provided in subparagraph (B), waive, a sanction imposed under paragraph (1) if the Director of the Office of Management and Budget finds that-- ``(i) the sanction is unwarranted; ``(ii) the sanction is disproportionate to the gravity of the failure; ``(iii) the failure has been cured; or ``(iv) providing the requested information would adversely affect national security. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). ``(d) National Security.--The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. ``Sec. 619. Enforcement ``(a) Exceeding Annual Agency Regulatory Cost Cap.--An Executive branch agency that exceeds the annual agency regulatory cost cap imposed by the National Regulatory Budget for a fiscal year may not promulgate a new covered Federal rule that increases regulatory costs until the Executive branch agency no longer exceeds the annual agency regulatory cost cap imposed by the applicable National Regulatory Budget. ``(b) Determination of Director.-- ``(1) In general.--An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. ``(2) Timing.--The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). ``(c) Effect of Violation of This Section.-- ``(1) No force or effect.--A covered Federal rule that is promulgated in violation of this section shall have no force or effect. ``(2) Judicial enforcement.--Any party may bring an action in a district court of the United States to declare that a covered Federal rule has no force or effect because the covered Federal rule was promulgated in violation of this section. ``Sec. 620. Regulatory Analysis Advisory Board ``(a) Establishment of Board.--In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall-- ``(1) establish a Regulatory Analysis Advisory Board; and ``(2) appoint not fewer than 9 and not more than 15 individuals as members of the Regulatory Analysis Advisory Board. ``(b) Qualifications.--The Director shall appoint individuals with technical and practical expertise in economics, law, accounting, science, management, and other areas that will aid the Director in preparing the annual Report on National Regulatory Costs required under section 615.''. (b) Technical and Conforming Amendments.-- (1) Table of chapters.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: ``6A. National Regulatory Budget and Office of Regulatory 613''. Analysis. (2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. SEC. 3. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON REGULATORY ANALYSIS. (a) Definition.--In this section, the term ``Director'' means the Director of the Office of Regulatory Analysis established under section 614(b) of title 5, United States Code, as added by section 2. (b) Report on Duplicative Personnel.--Not later than December 31, 2022, the Director shall submit to Congress a report determining positions in the Federal Government that are-- (1) duplicative of the work performed by the Office of Regulatory Analysis established under section 614 of title 5, United States Code, as added by section 2; or (2) otherwise rendered cost ineffective by the work of the Office of Regulatory Analysis. (c) Report on Regulatory Analysis.-- (1) Report required.--Not later than June 30, 2023, the Director shall submit to Congress a report analyzing the practice of Federal regulatory analysis with respect to, and the effectiveness of-- (A) chapter 6 of title 5, United States Code (commonly known as the ``Regulatory Flexibility Act''); (B) the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note); (C) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''); (D) each Executive order that mandates economic analysis of Federal regulations; and (E) Office of Management and Budget circulars, directives, and memoranda that mandate economic analysis of Federal regulations. (2) Recommendations.--The report under paragraph (1) shall include recommendations about how Federal regulatory analysis may be improved. SEC. 4. ADMINISTRATIVE PROCEDURE. (a) Definition of ``Rule''.--Section 551(4) of title 5, United States Code, is amended by inserting after ``requirements of an agency'' the following: ``, whether or not the agency statement amends the Code of Federal Regulations and including, without limitation, a statement described by the agency as a regulation, rule, directive, or guidance,''. (b) Notice of Proposed Rulemaking.--Section 553(b) of title 5, United States Code, is amended, following the flush text, in subparagraph (A) by striking ``interpretative rules, general statements of policy, or''. <all>

National Regulatory Budget Act of 2022

A bill to establish a National Regulatory Budget, and for other purposes.

National Regulatory Budget Act of 2022

Sen. Marshall, Roger

R

KS

This bill requires the establishment of a national regulatory budget to limit the costs of federal regulations. It also establishes (1) procedures for enforcing the regulatory budget, (2) the Office of Regulatory Analysis within the executive branch, and (3) a Regulatory Analysis Advisory Board.

SHORT TITLE. 2. Definitions. ``614. Public disclosure of estimate methodology and data; privacy. ``617. Executive branch agency cooperation mandatory; information sharing. ``619. Enforcement. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(c) Passage.--Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(2) Sequestration.--The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. ``(d) National Security.--The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. ``(b) Determination of Director.-- ``(1) In general.--An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. ``(c) Effect of Violation of This Section.-- ``(1) No force or effect.--A covered Federal rule that is promulgated in violation of this section shall have no force or effect. Regulatory Analysis Advisory Board ``(a) Establishment of Board.--In accordance with the Federal Advisory Committee Act (5 U.S.C. (b) Technical and Conforming Amendments.-- (1) Table of chapters.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: ``6A. National Regulatory Budget and Office of Regulatory 613''. Analysis. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON REGULATORY ANALYSIS. SEC. 4.

SHORT TITLE. 2. Definitions. ``614. Public disclosure of estimate methodology and data; privacy. ``617. Executive branch agency cooperation mandatory; information sharing. ``619. Enforcement. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(c) Passage.--Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(2) Sequestration.--The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. ``(d) National Security.--The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. ``(b) Determination of Director.-- ``(1) In general.--An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. ``(c) Effect of Violation of This Section.-- ``(1) No force or effect.--A covered Federal rule that is promulgated in violation of this section shall have no force or effect. Regulatory Analysis Advisory Board ``(a) Establishment of Board.--In accordance with the Federal Advisory Committee Act (5 U.S.C. (b) Technical and Conforming Amendments.-- (1) Table of chapters.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: ``6A. National Regulatory Budget and Office of Regulatory 613''. Analysis. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON REGULATORY ANALYSIS. SEC. 4.

To establish a National Regulatory Budget, and for other purposes. SHORT TITLE. 2. Definitions. ``614. ``616. Public disclosure of estimate methodology and data; privacy. ``617. ``618. Executive branch agency cooperation mandatory; information sharing. ``619. Enforcement. ``620. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(3) Powers.-- ``(A) Appointment of deputy directors, officers, and employees.-- ``(i) In general.--The Director may appoint Deputy Directors, officers, and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53. ``(2) Contents.--Each Report shall include- ``(A) an estimate, for the fiscal year during which the Report is submitted and for the preceding fiscal year, of-- ``(i) the regulatory costs imposed by each Executive branch agency on regulated entities; ``(ii) the aggregate costs imposed by each Executive branch agency; ``(iii) the aggregate costs imposed by all Executive branch agencies combined; ``(iv) the direct costs incurred by the Federal Government because of covered Federal rules issued by each Executive branch agency; ``(v) the sum of the costs described in clauses (iii) and (iv); ``(vi) the regulatory costs imposed by each Executive branch agency on small businesses, small organizations, and small governmental jurisdictions (as those terms are defined in section 601); and ``(vii) the sum of the costs described in clause (vi); ``(B) an analysis of any major changes in estimation methodology used by the Office of Regulatory Analysis since the previous annual report; ``(C) an analysis of any major estimate changes caused by improved or inadequate data since the previous annual report; ``(D) recommendations, both general and specific, regarding-- ``(i) how regulations may be streamlined, simplified, and modernized; ``(ii) regulations that should be repealed; and ``(iii) how the Federal Government may reduce the costs of regulations without diminishing the effectiveness of regulations; and ``(E) any other information that the Director determines may be of assistance to Congress in determining the National Regulatory Budget required under section 617. ``(4) Notice to director of proposed covered federal rule.--The head of an Executive branch agency shall provide a copy of each proposed covered Federal rule to the Director in a manner prescribed by the Director. 3501 note); ``(2) section 9 of title 13; and ``(3) section 6103 of the Internal Revenue Code of 1986. ``(c) Passage.--Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(f) Initial Budget.--The first National Regulatory Budget shall be with respect to fiscal year 2024. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(2) Sequestration.--The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. ``(d) National Security.--The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. ``(b) Determination of Director.-- ``(1) In general.--An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. ``(c) Effect of Violation of This Section.-- ``(1) No force or effect.--A covered Federal rule that is promulgated in violation of this section shall have no force or effect. Regulatory Analysis Advisory Board ``(a) Establishment of Board.--In accordance with the Federal Advisory Committee Act (5 U.S.C. App. (b) Technical and Conforming Amendments.-- (1) Table of chapters.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: ``6A. National Regulatory Budget and Office of Regulatory 613''. Analysis. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON REGULATORY ANALYSIS. SEC. 4. ADMINISTRATIVE PROCEDURE.

To establish a National Regulatory Budget, and for other purposes. SHORT TITLE. 2. Definitions. ``614. ``616. Public disclosure of estimate methodology and data; privacy. ``617. ``618. Executive branch agency cooperation mandatory; information sharing. ``619. Enforcement. ``620. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(3) Powers.-- ``(A) Appointment of deputy directors, officers, and employees.-- ``(i) In general.--The Director may appoint Deputy Directors, officers, and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53. ``(2) Contents.--Each Report shall include- ``(A) an estimate, for the fiscal year during which the Report is submitted and for the preceding fiscal year, of-- ``(i) the regulatory costs imposed by each Executive branch agency on regulated entities; ``(ii) the aggregate costs imposed by each Executive branch agency; ``(iii) the aggregate costs imposed by all Executive branch agencies combined; ``(iv) the direct costs incurred by the Federal Government because of covered Federal rules issued by each Executive branch agency; ``(v) the sum of the costs described in clauses (iii) and (iv); ``(vi) the regulatory costs imposed by each Executive branch agency on small businesses, small organizations, and small governmental jurisdictions (as those terms are defined in section 601); and ``(vii) the sum of the costs described in clause (vi); ``(B) an analysis of any major changes in estimation methodology used by the Office of Regulatory Analysis since the previous annual report; ``(C) an analysis of any major estimate changes caused by improved or inadequate data since the previous annual report; ``(D) recommendations, both general and specific, regarding-- ``(i) how regulations may be streamlined, simplified, and modernized; ``(ii) regulations that should be repealed; and ``(iii) how the Federal Government may reduce the costs of regulations without diminishing the effectiveness of regulations; and ``(E) any other information that the Director determines may be of assistance to Congress in determining the National Regulatory Budget required under section 617. ``(4) Notice to director of proposed covered federal rule.--The head of an Executive branch agency shall provide a copy of each proposed covered Federal rule to the Director in a manner prescribed by the Director. 3501 note); ``(2) section 9 of title 13; and ``(3) section 6103 of the Internal Revenue Code of 1986. ``(c) Passage.--Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(f) Initial Budget.--The first National Regulatory Budget shall be with respect to fiscal year 2024. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(2) Sequestration.--The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. ``(d) National Security.--The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. ``(b) Determination of Director.-- ``(1) In general.--An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. ``(c) Effect of Violation of This Section.-- ``(1) No force or effect.--A covered Federal rule that is promulgated in violation of this section shall have no force or effect. Regulatory Analysis Advisory Board ``(a) Establishment of Board.--In accordance with the Federal Advisory Committee Act (5 U.S.C. App. (b) Technical and Conforming Amendments.-- (1) Table of chapters.--The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: ``6A. National Regulatory Budget and Office of Regulatory 613''. Analysis. REPORT ON DUPLICATIVE PERSONNEL; REPORT ON REGULATORY ANALYSIS. SEC. 4. ADMINISTRATIVE PROCEDURE.

To establish a National Regulatory Budget, and for other purposes. a) In General.--Part I of title 5, United States Code, is amended by inserting after chapter 6 the following: ``CHAPTER 6A--NATIONAL REGULATORY BUDGET AND OFFICE OF REGULATORY ANALYSIS ``Sec. Public disclosure of estimate methodology and data; privacy. Office of Regulatory Analysis; establishment; powers ``(a) Establishment.--There is established in the executive branch an independent establishment to be known as the `Office of Regulatory Analysis'. ``(b) Director.-- ``(1) Establishment of position.--There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(B) Contracting.-- ``(i) In general.--The Director may contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance, or by reimbursement, from funds of the Office of Regulatory Analysis in such amounts as may be agreed upon by the Director and the head of the Federal agency providing the services. ``(ii) Subject to appropriations.--Contract authority under clause (i) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose. ``(b) Regulatory Analysis of New Rules.-- ``(1) Requirement.--The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that-- ``(A) imposes costs on a regulated entity; or ``(B) reduces costs imposed on a regulated entity. ``(4) Notice to director of proposed covered federal rule.--The head of an Executive branch agency shall provide a copy of each proposed covered Federal rule to the Director in a manner prescribed by the Director. ``(c) Effective Dates.-- ``(1) In general.--Except as provided in paragraph (2), a covered Federal rule may not take effect earlier than 75 days after the date on which the head of the Executive branch agency proposing the covered Federal rule submits a copy of the proposed covered Federal rule to the Director in the manner prescribed by the Director under subsection (b)(4). ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Goal of disclosure.--In disclosing the methodology and data under paragraph (1), the Director shall seek to provide sufficient information so that outside researchers may replicate the results contained in the Report on National Regulatory Costs. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(c) Passage.--Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(B) Effect.--For purposes of section 619, an annual agency regulatory cost cap described in subparagraph (A) that applies to a fiscal year shall have the same effect as if the annual agency regulatory cost cap were part of a National Regulatory Budget applicable to that fiscal year. ``(f) Initial Budget.--The first National Regulatory Budget shall be with respect to fiscal year 2024. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(3) Scope.--A memorandum of understanding entered into by the Director and an Executive branch agency under paragraph (1) shall-- ``(A) be general in scope; and ``(B) govern all pending and future requests made to the Executive branch agency by the Director. ``(2) Sequestration.--The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. ``(3) Appeals.-- ``(A) In general.--The Director of the Office of Management and Budget may reduce the amount of, or except as provided in subparagraph (B), waive, a sanction imposed under paragraph (1) if the Director of the Office of Management and Budget finds that-- ``(i) the sanction is unwarranted; ``(ii) the sanction is disproportionate to the gravity of the failure; ``(iii) the failure has been cured; or ``(iv) providing the requested information would adversely affect national security. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). ``(b) Determination of Director.-- ``(1) In general.--An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. ``(2) Timing.--The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). ``(b) Qualifications.--The Director shall appoint individuals with technical and practical expertise in economics, law, accounting, science, management, and other areas that will aid the Director in preparing the annual Report on National Regulatory Costs required under section 615.''. ( 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. (b) Report on Duplicative Personnel.--Not later than December 31, 2022, the Director shall submit to Congress a report determining positions in the Federal Government that are-- (1) duplicative of the work performed by the Office of Regulatory Analysis established under section 614 of title 5, United States Code, as added by section 2; or (2) otherwise rendered cost ineffective by the work of the Office of Regulatory Analysis. ( 2) Recommendations.--The report under paragraph (1) shall include recommendations about how Federal regulatory analysis may be improved. (a) Definition of ``Rule''.--Section 551(4) of title 5, United States Code, is amended by inserting after ``requirements of an agency'' the following: ``, whether or not the agency statement amends the Code of Federal Regulations and including, without limitation, a statement described by the agency as a regulation, rule, directive, or guidance,''. ( b) Notice of Proposed Rulemaking.--Section 553(b) of title 5, United States Code, is amended, following the flush text, in subparagraph (A) by striking ``interpretative rules, general statements of policy, or''.

To establish a National Regulatory Budget, and for other purposes. a) In General.--Part I of title 5, United States Code, is amended by inserting after chapter 6 the following: ``CHAPTER 6A--NATIONAL REGULATORY BUDGET AND OFFICE OF REGULATORY ANALYSIS ``Sec. Public disclosure of estimate methodology and data; privacy. Office of Regulatory Analysis; establishment; powers ``(a) Establishment.--There is established in the executive branch an independent establishment to be known as the `Office of Regulatory Analysis'. ``(b) Director.-- ``(1) Establishment of position.--There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Term.-- ``(A) In general.--The term of office of the Director shall-- ``(i) be 4 years; and ``(ii) expire on the last day of February following each Presidential election. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(b) Regulatory Analysis of New Rules.-- ``(1) Requirement.--The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that-- ``(A) imposes costs on a regulated entity; or ``(B) reduces costs imposed on a regulated entity. ``(3) Timing of regulatory analysis.-- ``(A) Initial regulatory analysis.--Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. Public disclosure of estimate methodology and data; privacy ``(a) Privacy.--The Director shall comply with all relevant privacy laws, including-- ``(1) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note); ``(2) section 9 of title 13; and ``(3) section 6103 of the Internal Revenue Code of 1986. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(e) Default Budget.-- ``(1) In general.--If a National Regulatory Budget is not enacted with respect to a fiscal year, the most recently enacted National Regulatory Budget shall apply to that fiscal year. Executive branch agency cooperation mandatory; information sharing ``(a) Executive Branch Agency Cooperation Mandatory.--Not later than 45 days after the date on which the Director requests any information from an Executive branch agency, the Executive branch agency shall provide the Director with the information. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(3) Appeals.-- ``(A) In general.--The Director of the Office of Management and Budget may reduce the amount of, or except as provided in subparagraph (B), waive, a sanction imposed under paragraph (1) if the Director of the Office of Management and Budget finds that-- ``(i) the sanction is unwarranted; ``(ii) the sanction is disproportionate to the gravity of the failure; ``(iii) the failure has been cured; or ``(iv) providing the requested information would adversely affect national security. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). ``(2) Judicial enforcement.--Any party may bring an action in a district court of the United States to declare that a covered Federal rule has no force or effect because the covered Federal rule was promulgated in violation of this section. 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. 2) Recommendations.--The report under paragraph (1) shall include recommendations about how Federal regulatory analysis may be improved. a) Definition of ``Rule''.--Section 551(4) of title 5, United States Code, is amended by inserting after ``requirements of an agency'' the following: ``, whether or not the agency statement amends the Code of Federal Regulations and including, without limitation, a statement described by the agency as a regulation, rule, directive, or guidance,''. (

To establish a National Regulatory Budget, and for other purposes. a) In General.--Part I of title 5, United States Code, is amended by inserting after chapter 6 the following: ``CHAPTER 6A--NATIONAL REGULATORY BUDGET AND OFFICE OF REGULATORY ANALYSIS ``Sec. Public disclosure of estimate methodology and data; privacy. Office of Regulatory Analysis; establishment; powers ``(a) Establishment.--There is established in the executive branch an independent establishment to be known as the `Office of Regulatory Analysis'. ``(b) Director.-- ``(1) Establishment of position.--There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Term.-- ``(A) In general.--The term of office of the Director shall-- ``(i) be 4 years; and ``(ii) expire on the last day of February following each Presidential election. ``(B) Appointments prior to expiration of term.-- Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. ``(b) Regulatory Analysis of New Rules.-- ``(1) Requirement.--The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that-- ``(A) imposes costs on a regulated entity; or ``(B) reduces costs imposed on a regulated entity. ``(3) Timing of regulatory analysis.-- ``(A) Initial regulatory analysis.--Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. Public disclosure of estimate methodology and data; privacy ``(a) Privacy.--The Director shall comply with all relevant privacy laws, including-- ``(1) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note); ``(2) section 9 of title 13; and ``(3) section 6103 of the Internal Revenue Code of 1986. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(e) Default Budget.-- ``(1) In general.--If a National Regulatory Budget is not enacted with respect to a fiscal year, the most recently enacted National Regulatory Budget shall apply to that fiscal year. Executive branch agency cooperation mandatory; information sharing ``(a) Executive Branch Agency Cooperation Mandatory.--Not later than 45 days after the date on which the Director requests any information from an Executive branch agency, the Executive branch agency shall provide the Director with the information. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(3) Appeals.-- ``(A) In general.--The Director of the Office of Management and Budget may reduce the amount of, or except as provided in subparagraph (B), waive, a sanction imposed under paragraph (1) if the Director of the Office of Management and Budget finds that-- ``(i) the sanction is unwarranted; ``(ii) the sanction is disproportionate to the gravity of the failure; ``(iii) the failure has been cured; or ``(iv) providing the requested information would adversely affect national security. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). ``(2) Judicial enforcement.--Any party may bring an action in a district court of the United States to declare that a covered Federal rule has no force or effect because the covered Federal rule was promulgated in violation of this section. 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. 2) Recommendations.--The report under paragraph (1) shall include recommendations about how Federal regulatory analysis may be improved. a) Definition of ``Rule''.--Section 551(4) of title 5, United States Code, is amended by inserting after ``requirements of an agency'' the following: ``, whether or not the agency statement amends the Code of Federal Regulations and including, without limitation, a statement described by the agency as a regulation, rule, directive, or guidance,''. (

To establish a National Regulatory Budget, and for other purposes. ``(b) Director.-- ``(1) Establishment of position.--There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(b) Regulatory Analysis of New Rules.-- ``(1) Requirement.--The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that-- ``(A) imposes costs on a regulated entity; or ``(B) reduces costs imposed on a regulated entity. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Goal of disclosure.--In disclosing the methodology and data under paragraph (1), the Director shall seek to provide sufficient information so that outside researchers may replicate the results contained in the Report on National Regulatory Costs. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(3) Scope.--A memorandum of understanding entered into by the Director and an Executive branch agency under paragraph (1) shall-- ``(A) be general in scope; and ``(B) govern all pending and future requests made to the Executive branch agency by the Director. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). ``(2) Timing.--The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). ( 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. ( b) Report on Duplicative Personnel.--Not later than December 31, 2022, the Director shall submit to Congress a report determining positions in the Federal Government that are-- (1) duplicative of the work performed by the Office of Regulatory Analysis established under section 614 of title 5, United States Code, as added by section 2; or (2) otherwise rendered cost ineffective by the work of the Office of Regulatory Analysis. ( ( b) Notice of Proposed Rulemaking.--Section 553(b) of title 5, United States Code, is amended, following the flush text, in subparagraph (A) by striking ``interpretative rules, general statements of policy, or''.

To establish a National Regulatory Budget, and for other purposes. ``(3) Timing of regulatory analysis.-- ``(A) Initial regulatory analysis.--Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''.

To establish a National Regulatory Budget, and for other purposes. ``(b) Director.-- ``(1) Establishment of position.--There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(b) Regulatory Analysis of New Rules.-- ``(1) Requirement.--The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that-- ``(A) imposes costs on a regulated entity; or ``(B) reduces costs imposed on a regulated entity. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Goal of disclosure.--In disclosing the methodology and data under paragraph (1), the Director shall seek to provide sufficient information so that outside researchers may replicate the results contained in the Report on National Regulatory Costs. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(3) Scope.--A memorandum of understanding entered into by the Director and an Executive branch agency under paragraph (1) shall-- ``(A) be general in scope; and ``(B) govern all pending and future requests made to the Executive branch agency by the Director. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). ``(2) Timing.--The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). ( 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. ( b) Report on Duplicative Personnel.--Not later than December 31, 2022, the Director shall submit to Congress a report determining positions in the Federal Government that are-- (1) duplicative of the work performed by the Office of Regulatory Analysis established under section 614 of title 5, United States Code, as added by section 2; or (2) otherwise rendered cost ineffective by the work of the Office of Regulatory Analysis. ( ( b) Notice of Proposed Rulemaking.--Section 553(b) of title 5, United States Code, is amended, following the flush text, in subparagraph (A) by striking ``interpretative rules, general statements of policy, or''.

To establish a National Regulatory Budget, and for other purposes. ``(3) Timing of regulatory analysis.-- ``(A) Initial regulatory analysis.--Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''.

To establish a National Regulatory Budget, and for other purposes. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(2) Timing.--The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). ( 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. (

To establish a National Regulatory Budget, and for other purposes. ``(3) Timing of regulatory analysis.-- ``(A) Initial regulatory analysis.--Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(B) No waiver for historically non-compliant agencies.--The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''.

To establish a National Regulatory Budget, and for other purposes. ``(b) Disclosure.-- ``(1) In general.--To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. ``(2) Reporting.--Not later than May 31 of each year-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and ``(B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. ``(b) Memoranda of Understanding Regarding Confidentiality.-- ``(1) In general.--An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. ``(2) Timing.--The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). ( 2) Internal revenue code of 1986.--Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(7) Office of regulatory analysis.--Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs.''. (

National Regulatory Budget Act of 2022 - Establishes in the executive branch an independent Office of Regulatory Analysis (ORA) to: (1) establish a National Regulatory Budget; and (2) establish an Office Regulatory Analysis Advisory Board. (Sec. 3) Requires the Director of the ORA to report annually to Congress on the costs incurred by the federal government because of a federal rule Directs the Director of the Office of Regulatory Analysis (ORA) to publish in the Federal Register and on the website of the ORA a regulatory analysis of each proposed covered Federal rule issued by an executive branch agency and each proposed withdrawal or modification of a covered federal rule by an agency that: (1) imposes costs on a regulated entity; or (2) reduces costs imposed on Directs the House of Representatives and the Senate to each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. Requires the Senate and the House to report to the President a bill that establishes such a budget. Requires each bill to: (1) establish an annual agency regulatory cost cap equal to the amount of regulatory costs imposed by that agency on Amends Federal law to require the Director of the Office of Regulatory Analysis to: (1) establish a Regulatory Analysis Advisory Board; and (2) appoint at least nine and not more than 15 individuals as members of the Board. (Sec. 3) Requires the Director to make a determination with respect to a proposed covered Federal rule within 60 days after receiving a copy of the proposed rule

S.939

Transportation and Public Works

Innovative Materials for America's Growth and Infrastructure Newly Expanded Act of 2021 or the IMAGINE Act This bill encourages the use of innovative construction materials and techniques to accelerate the deployment, extend the service life, improve the performance, and reduce the cost of domestic transportation and water infrastructure projects. Among other things, the bill

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovative Materials for America's Growth and Infrastructure Newly Expanded Act of 2021'' or the ``IMAGINE Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to encourage the research and use of innovative materials, in concert with traditional materials, and associated techniques in the construction and preservation of the domestic infrastructure network; (2) to accelerate the deployment and extend the service life, improve the performance, and reduce the cost of infrastructure projects; and (3) to improve the economy, resilience, maintainability, sustainability, and safety of the domestic infrastructure network. SEC. 3. INTERAGENCY INNOVATIVE MATERIALS STANDARDS TASK FORCE. (a) Definition of Innovative Material.--In this section, the term ``innovative material'', with respect to an infrastructure project, includes a material, or a combination or process for use of materials, that, as determined by the appropriate Secretary or agency head-- (1) enhances the overall service life, sustainability, and resiliency of the project; or (2) provides ancillary benefits relative to widely adopted state of practice technologies. (b) Purposes.--The purposes of this section are-- (1) to encourage the research, design, and use of innovative materials, in concert with traditional materials, and associated techniques in the construction and preservation of the domestic infrastructure network; (2) to accelerate the deployment, extend the service life, improve the performance, and reduce the cost of infrastructure projects; and (3) to improve the economy, resilience, maintainability, sustainability, and safety of the domestic infrastructure network. (c) Establishment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall establish an Interagency Innovative Materials Standards Task Force (referred to in this section as the ``Task Force'') composed of the heads of Federal agencies responsible for significant civil infrastructure projects, including the Administrator of the Federal Highway Administration. (2) Chairperson.--The Director of the National Institute of Standards and Technology shall serve as Chairperson of the Task Force. (d) Duties.--The Task Force shall coordinate and improve, with respect to infrastructure construction, retrofitting, rehabilitation, and other improvements-- (1) Federal testing standards; (2) Federal design and use guidelines; (3) Federal regulations; and (4) other applicable standards and performance and sustainability metrics. (e) Report.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Task Force shall conduct, and submit to the appropriate committees of Congress a report that describes the results of, a study-- (A) to assess the standards and performance metrics for the use of innovative materials in infrastructure projects; (B) to identify any barriers, regulatory or otherwise, relating to the standards described in subparagraph (A) that preclude the use of certain products or associated techniques; and (C) to identify opportunities for the development of standardized designs and materials genome approaches that design and use innovative materials to reduce costs, improve performance and sustainability, and extend the service life of infrastructure assets. (2) Report.--The report under paragraph (1) shall-- (A) identify any non-Federal entities or other organizations, including the American Association of State Highway and Transportation Officials, that develop relevant standards; and (B) outline a strategy to improve coordination and information sharing between the entities described in subparagraph (A) and any relevant Federal agencies. (f) Improved Coordination.--Not later than 2 years after the date of enactment of this Act, the Task Force shall collaborate with any non-Federal entity identified under subsection (e)(2)(A)-- (1) to identify and carry out appropriate research, testing methods, and processes relating to the development and use of innovative materials; (2) to develop new methods and processes relating to the development and use of innovative materials, as the applicable agency head determines to be necessary; (3) to contribute to the development of standards, performance metrics, and guidelines for the use of innovative materials and approaches in civil infrastructure projects; (4) to develop a plan for addressing potential barriers, regulatory or otherwise, identified in subsection (e)(1)(B); and (5) to develop a plan for the development of standardized designs that use innovative materials to reduce costs, improve performance and sustainability, and extend the service life of infrastructure assets. SEC. 4. INNOVATIVE MATERIAL INNOVATION HUBS. (a) Definitions.--In this section: (1) Hub.--The term ``Hub'' means an Innovative Material Innovation Hub established under this section. (2) Innovative material.--The term ``innovative material'', with respect to an infrastructure project, includes a material, or a combination or process for use of materials, that, as determined by the Secretary-- (A) enhances the overall service life, sustainability, and resiliency of the project; or (B) provides ancillary benefits relative to widely adopted state of practice technologies. (3) Qualifying entity.--The term ``qualifying entity'' means-- (A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); (B) an appropriate Federal or State entity, including a federally-funded research and development center of the Department of Transportation; (C) a university transportation center under section 5505 of title 49, United States Code; and (D) a research and development entity in existence on the date of enactment of this Act focused on innovative materials that the Secretary determines to be similar in scope and intent to a Hub. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) Establishment.-- (1) In general.--The Secretary shall carry out a program to enhance the development of innovative materials in the United States by making awards to consortia for establishing and operating Innovative Material Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials. (2) Coordination.--The Secretary shall ensure the coordination of, and avoid duplication of, the activities of each Hub with the activities of-- (A) other research entities of the Department of Transportation, including the Federal Highway Administration; and (B) research entities of other Federal agencies, as appropriate. (c) Competitive Selection Process.-- (1) Eligibility.--To be eligible to receive an award for the establishment and operation of a Hub under subsection (b)(1), a consortium shall-- (A) be composed of not fewer than 2 qualifying entities; (B) operate subject to a binding agreement, entered into by each member of the consortium, that documents-- (i) the proposed partnership agreement, including the governance and management structure of the Hub; (ii) measures the consortium will undertake to enable cost-effective implementation of activities under the program described in subsection (b)(1); and (iii) a proposed budget, including financial contributions from non-Federal sources; and (C) operate as a nonprofit organization. (2) Application.-- (A) In general.--A consortium seeking to establish and operate a Hub under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a detailed description of-- (i) each element of the consortium agreement required under paragraph (1)(B); and (ii) any existing facilities the consortium intends to use for Hub activities. (B) Requirement.--If the consortium members will not be located at 1 centralized location, the application under subparagraph (A) shall include a communications plan that ensures close coordination and integration of Hub activities. (3) Selection.-- (A) In general.--The Secretary shall select consortia for awards for the establishment and operation of Hubs through a competitive selection process. (B) Considerations.--In selecting consortia under subparagraph (A), the Secretary shall consider-- (i) any existing facilities a consortium has identified to be used for Hub activities; (ii) maintaining geographic diversity in locations of selected Hubs; (iii) the demonstrated ability of the recipient to conduct and support multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials; (iv) the demonstrated research, technology transfer, and education resources available to the recipient to carry out this section; (v) the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems related to innovative materials; (vi) the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs; (vii) the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects; (viii) the performance metrics to be used in assessing the performance of the recipient in meeting the stated research, technology transfer, education, and outreach goals; and (ix) the ability of the recipient to implement the proposed program in a cost- efficient manner, including through cost sharing and overall reduced overhead, facilities, and administrative costs. (4) Transparency.-- (A) In general.--The Secretary shall provide to each applicant, on request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant. (B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section such sums as are necessary. (2) Availability.--Amounts made available to carry out this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts were made available. (e) Hub Operations.-- (1) In general.--Each Hub shall conduct, or provide for, multidisciplinary, collaborative research, development, demonstration, and commercial application of innovative materials. (2) Activities.--Each Hub shall-- (A) encourage collaboration and communication among the member qualifying entities of the consortium, as described in subsection (c)(1), and awardees; (B) develop and publish proposed plans and programs on a publicly accessible website; (C) submit to the Department of Transportation an annual report summarizing the activities of the Hub, including information-- (i) detailing organizational expenditures; and (ii) describing each project undertaken by the Hub, as it relates to conducting and supporting multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials; and (D) monitor project implementation and coordination. (3) Conflicts of interest.--Each Hub shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department of Transportation. (4) Prohibition on construction and renovation.-- (A) In general.--No funds provided under this section may be used for construction or renovation of new buildings, test beds, or additional facilities for Hubs. (B) Non-federal share.--Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement. (f) Applicability.--The Secretary shall administer this section in accordance with section 330 of title 49, United States Code. SEC. 5. TURNER-FAIRBANK HIGHWAY RESEARCH CENTER. Section 503(b)(7) of title 23, United States Code, is amended by adding at the end the following: ``(C) Innovative materials.-- ``(i) Definition of innovative material.-- In this subparagraph, the term `innovative material', with respect to an infrastructure project, includes high performance asphalt mixtures and concrete formulations, geosynthetic materials, advanced insulating materials, advanced alloys and metals, reinforced polymer composites, advanced polymers, nanocellulose and wood-based composites, coatings, highly functional adhesives, or other corrosion prevention methods used in conjunction with those materials, and any other material or aggregate materials, as determined by the appropriate agency or department head. ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ``(iii) Activities.--The collaboration described in clause (ii) may include-- ``(I) the development of new training for State and Tribal agencies; and ``(II) the expansion of technical training that involves State or Tribal departments of transportation in the development of new construction designs for innovative materials at the Turner- Fairbank Highway Research Center. ``(iv) Priority research.--The Turner- Fairbank Highway Research Center shall prioritize research relating to-- ``(I) the use of innovative materials in-- ``(aa) bridges with a span equal to or greater than 50 feet; ``(bb) highway reconstruction and rehabilitation; and ``(cc) rural road infrastructure; ``(II) the development of standardized designs using innovative materials; and ``(III) coastal resiliency. ``(v) Authorization of appropriations.-- There is authorized to be appropriated to carry out this subparagraph $8,000,000 for each of fiscal years 2022 through 2026.''. SEC. 6. INNOVATIVE BRIDGE PROGRAM. (a) Definition of Administrator.--In this section, the term ``Administrator'' means the Administrator of the Federal Highway Administration. (b) Establishment.--The Administrator shall establish a grant program, to be known as the ``Innovative Bridge Program'', to provide grants to State departments of transportation, Tribal governments, public toll authorities, and units of local government for-- (1) coastal or rural infrastructure bridge projects; and (2) value engineering projects under subsection (g). (c) Applications.--To be eligible to receive a grant under subsection (b), a State department of transportation, a unit of Tribal government, a public toll authority, or a unit of local government shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (d) Eligible Projects.--To be eligible to receive a grant under this section, a coastal or rural infrastructure bridge project or a value engineering project shall-- (1) be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet; (2) be carried out in a manner so as to reduce traffic impact; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) use innovative materials that-- (A) are resistant to corrosion; and (B) extend the service life of the bridge. (e) Preferences.--In providing grants under this section, the Administrator shall give preference to proposed projects that-- (1) use materials that are domestically produced and sourced; (2) use nontraditional production techniques, such as factory prefabrication; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) retrofit a bridge. (f) Special Consideration for At-Risk Areas.--In providing grants under this section, the Administrator shall give special consideration to projects located in rural areas or areas prone to coastal or inland flooding due to severe storms (such as hurricanes or rain bursts), storm surges, or projected sea level rise during the projected lifetime of the project. (g) Value Engineering Using Innovative Materials.--Of the amounts made available to carry out this section, the Administrator shall set aside $10,000,000 for each of fiscal years 2022 through 2026 to provide funding to 1 or more State departments of transportation or units of Tribal or local government that submit to the Administrator an application to carry out value engineering of a standard bridge design to enhance the performance of the bridge (including extending the service life of the bridge, increasing resistance to corrosion, and reducing construction and preservation costs) through the use of innovative materials. (h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. (2) Reports.--Not later than 2 years after the development of the recordkeeping system described in paragraph (1), and every 2 years thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that describes, with respect to each project that receives a grant under this section-- (A) the status of the project; (B) the location of the project; (C) for each bridge involved in the project, the inventory number of the bridge in the National Bridge Inventory pursuant to section 144 of title 23, United States Code; (D) a detailed description of the scope of the project; (E) the amount of project costs paid by funds provided under this section and the total project costs; (F) for each bridge involved in the project, the bridge condition, operations, and performance of the bridge; and (G) in every third report submitted under this paragraph, the results of the regular monitoring and evaluation of the maintenance demands, projects, needs, and costs of each bridge in the project during the previous 6 years. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $65,000,000 for each of fiscal years 2022 through 2026. SEC. 7. WATER INFRASTRUCTURE INNOVATION PROGRAM. (a) Establishment.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish a grant program, to be known as the ``Water Infrastructure Innovation Program'', to provide grants for the design and installation of water infrastructure projects, including wastewater transport and treatment systems and drinking water treatment and distribution systems, that use innovative materials to reduce total costs, including operation and preservation expenses, and extend the service life of installed structures. (b) Applications.--To be eligible to receive a grant under this section, an applicant shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (c) Eligible Projects.--To be eligible to receive a grant under this section, a water infrastructure project shall-- (1) serve a community with a population between 3,301 and 99,999; and (2) use innovative materials that-- (A) are resistant to degradation; (B) extend service life; or (C) provide long-term protection of water facilities and systems. (d) Preference.--In providing grants under this section, the Administrator shall give preference to proposed projects that use materials that are domestically produced and sourced. (e) Special Consideration for At-Risk Areas.--In providing grants under this section, the Administrator shall give special consideration to projects located in areas that are prone to saltwater intrusion or flooding due to severe storms, rain bursts, storm surges, or projected sea level rise during the projected lifetime of the project. (f) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. (2) Reports.--Not later than 2 years after the development of the recordkeeping system described in paragraph (1), and every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress, including the Committee on Environment and Public Works of the Senate, and make publicly available a report describing, with respect to each project that receives a grant under this section-- (A) the status of the project; (B) the location of the project; (C) a detailed description of the scope of the project; (D) the amount of project costs paid by funds provided under this section and the total project costs; (E) the condition, operations, and performance of the project; and (F) in every third report submitted under this paragraph, the results of the regular monitoring and evaluation of the maintenance demands, projects, needs, and costs of the project during the previous 6 years. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $65,000,000 for each of fiscal years 2022 through 2026. SEC. 8. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE. (a) In General.--Section 120(c)(3)(B) of title 23, United States Code, is amended-- (1) by striking clauses (i) and (ii) and inserting the following: ``(i) prefabricated bridge elements and systems, innovative materials, and other technologies to reduce bridge construction time, extend service life, and reduce preservation costs, as compared to conventionally designed and constructed bridges; ``(ii) innovative construction equipment, materials, techniques, or practices, including the use of in-place recycling technology, digital 3-dimensional modeling technologies, and advanced digital construction management systems;''; (2) in clause (v), by striking ``or'' at the end; (3) by redesignating clause (vi) as clause (vii); and (4) by inserting after clause (v) the following: ``(vi) innovative pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes; or''. (b) Technical Amendment.--Section 107(a)(2) of title 23, United States Code, is amended by striking ``subsection (c) of''. <all>

IMAGINE Act

A bill to encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes.

IMAGINE Act Innovative Materials for America's Growth and Infrastructure Newly Expanded Act of 2021

Sen. Whitehouse, Sheldon

D

RI

This bill encourages the use of innovative construction materials and techniques to accelerate the deployment, extend the service life, improve the performance, and reduce the cost of domestic transportation and water infrastructure projects. Among other things, the bill

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. SHORT TITLE. 2. 3. (e) Report.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Task Force shall conduct, and submit to the appropriate committees of Congress a report that describes the results of, a study-- (A) to assess the standards and performance metrics for the use of innovative materials in infrastructure projects; (B) to identify any barriers, regulatory or otherwise, relating to the standards described in subparagraph (A) that preclude the use of certain products or associated techniques; and (C) to identify opportunities for the development of standardized designs and materials genome approaches that design and use innovative materials to reduce costs, improve performance and sustainability, and extend the service life of infrastructure assets. 4. INNOVATIVE MATERIAL INNOVATION HUBS. (3) Qualifying entity.--The term ``qualifying entity'' means-- (A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Application.-- (A) In general.--A consortium seeking to establish and operate a Hub under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a detailed description of-- (i) each element of the consortium agreement required under paragraph (1)(B); and (ii) any existing facilities the consortium intends to use for Hub activities. (3) Selection.-- (A) In general.--The Secretary shall select consortia for awards for the establishment and operation of Hubs through a competitive selection process. (2) Availability.--Amounts made available to carry out this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts were made available. TURNER-FAIRBANK HIGHWAY RESEARCH CENTER. ``(v) Authorization of appropriations.-- There is authorized to be appropriated to carry out this subparagraph $8,000,000 for each of fiscal years 2022 through 2026.''. 6. (a) Definition of Administrator.--In this section, the term ``Administrator'' means the Administrator of the Federal Highway Administration. (b) Establishment.--The Administrator shall establish a grant program, to be known as the ``Innovative Bridge Program'', to provide grants to State departments of transportation, Tribal governments, public toll authorities, and units of local government for-- (1) coastal or rural infrastructure bridge projects; and (2) value engineering projects under subsection (g). (f) Special Consideration for At-Risk Areas.--In providing grants under this section, the Administrator shall give special consideration to projects located in rural areas or areas prone to coastal or inland flooding due to severe storms (such as hurricanes or rain bursts), storm surges, or projected sea level rise during the projected lifetime of the project. SEC.

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. SHORT TITLE. 2. 3. (e) Report.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Task Force shall conduct, and submit to the appropriate committees of Congress a report that describes the results of, a study-- (A) to assess the standards and performance metrics for the use of innovative materials in infrastructure projects; (B) to identify any barriers, regulatory or otherwise, relating to the standards described in subparagraph (A) that preclude the use of certain products or associated techniques; and (C) to identify opportunities for the development of standardized designs and materials genome approaches that design and use innovative materials to reduce costs, improve performance and sustainability, and extend the service life of infrastructure assets. 4. INNOVATIVE MATERIAL INNOVATION HUBS. (3) Qualifying entity.--The term ``qualifying entity'' means-- (A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Application.-- (A) In general.--A consortium seeking to establish and operate a Hub under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a detailed description of-- (i) each element of the consortium agreement required under paragraph (1)(B); and (ii) any existing facilities the consortium intends to use for Hub activities. TURNER-FAIRBANK HIGHWAY RESEARCH CENTER. ``(v) Authorization of appropriations.-- There is authorized to be appropriated to carry out this subparagraph $8,000,000 for each of fiscal years 2022 through 2026.''. 6. (a) Definition of Administrator.--In this section, the term ``Administrator'' means the Administrator of the Federal Highway Administration. (b) Establishment.--The Administrator shall establish a grant program, to be known as the ``Innovative Bridge Program'', to provide grants to State departments of transportation, Tribal governments, public toll authorities, and units of local government for-- (1) coastal or rural infrastructure bridge projects; and (2) value engineering projects under subsection (g). SEC.

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 3. (2) Chairperson.--The Director of the National Institute of Standards and Technology shall serve as Chairperson of the Task Force. (e) Report.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Task Force shall conduct, and submit to the appropriate committees of Congress a report that describes the results of, a study-- (A) to assess the standards and performance metrics for the use of innovative materials in infrastructure projects; (B) to identify any barriers, regulatory or otherwise, relating to the standards described in subparagraph (A) that preclude the use of certain products or associated techniques; and (C) to identify opportunities for the development of standardized designs and materials genome approaches that design and use innovative materials to reduce costs, improve performance and sustainability, and extend the service life of infrastructure assets. 4. INNOVATIVE MATERIAL INNOVATION HUBS. (3) Qualifying entity.--The term ``qualifying entity'' means-- (A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Application.-- (A) In general.--A consortium seeking to establish and operate a Hub under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a detailed description of-- (i) each element of the consortium agreement required under paragraph (1)(B); and (ii) any existing facilities the consortium intends to use for Hub activities. (B) Requirement.--If the consortium members will not be located at 1 centralized location, the application under subparagraph (A) shall include a communications plan that ensures close coordination and integration of Hub activities. (3) Selection.-- (A) In general.--The Secretary shall select consortia for awards for the establishment and operation of Hubs through a competitive selection process. (2) Availability.--Amounts made available to carry out this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts were made available. (3) Conflicts of interest.--Each Hub shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department of Transportation. (B) Non-federal share.--Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement. 5. TURNER-FAIRBANK HIGHWAY RESEARCH CENTER. ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ``(v) Authorization of appropriations.-- There is authorized to be appropriated to carry out this subparagraph $8,000,000 for each of fiscal years 2022 through 2026.''. 6. (a) Definition of Administrator.--In this section, the term ``Administrator'' means the Administrator of the Federal Highway Administration. (b) Establishment.--The Administrator shall establish a grant program, to be known as the ``Innovative Bridge Program'', to provide grants to State departments of transportation, Tribal governments, public toll authorities, and units of local government for-- (1) coastal or rural infrastructure bridge projects; and (2) value engineering projects under subsection (g). (f) Special Consideration for At-Risk Areas.--In providing grants under this section, the Administrator shall give special consideration to projects located in rural areas or areas prone to coastal or inland flooding due to severe storms (such as hurricanes or rain bursts), storm surges, or projected sea level rise during the projected lifetime of the project. (h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. 7. SEC.

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 3. (2) Chairperson.--The Director of the National Institute of Standards and Technology shall serve as Chairperson of the Task Force. (e) Report.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Task Force shall conduct, and submit to the appropriate committees of Congress a report that describes the results of, a study-- (A) to assess the standards and performance metrics for the use of innovative materials in infrastructure projects; (B) to identify any barriers, regulatory or otherwise, relating to the standards described in subparagraph (A) that preclude the use of certain products or associated techniques; and (C) to identify opportunities for the development of standardized designs and materials genome approaches that design and use innovative materials to reduce costs, improve performance and sustainability, and extend the service life of infrastructure assets. 4. INNOVATIVE MATERIAL INNOVATION HUBS. (3) Qualifying entity.--The term ``qualifying entity'' means-- (A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Application.-- (A) In general.--A consortium seeking to establish and operate a Hub under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a detailed description of-- (i) each element of the consortium agreement required under paragraph (1)(B); and (ii) any existing facilities the consortium intends to use for Hub activities. (B) Requirement.--If the consortium members will not be located at 1 centralized location, the application under subparagraph (A) shall include a communications plan that ensures close coordination and integration of Hub activities. (3) Selection.-- (A) In general.--The Secretary shall select consortia for awards for the establishment and operation of Hubs through a competitive selection process. (B) Considerations.--In selecting consortia under subparagraph (A), the Secretary shall consider-- (i) any existing facilities a consortium has identified to be used for Hub activities; (ii) maintaining geographic diversity in locations of selected Hubs; (iii) the demonstrated ability of the recipient to conduct and support multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials; (iv) the demonstrated research, technology transfer, and education resources available to the recipient to carry out this section; (v) the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems related to innovative materials; (vi) the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs; (vii) the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects; (viii) the performance metrics to be used in assessing the performance of the recipient in meeting the stated research, technology transfer, education, and outreach goals; and (ix) the ability of the recipient to implement the proposed program in a cost- efficient manner, including through cost sharing and overall reduced overhead, facilities, and administrative costs. (2) Availability.--Amounts made available to carry out this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts were made available. (3) Conflicts of interest.--Each Hub shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department of Transportation. (B) Non-federal share.--Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement. 5. TURNER-FAIRBANK HIGHWAY RESEARCH CENTER. ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ``(v) Authorization of appropriations.-- There is authorized to be appropriated to carry out this subparagraph $8,000,000 for each of fiscal years 2022 through 2026.''. 6. (a) Definition of Administrator.--In this section, the term ``Administrator'' means the Administrator of the Federal Highway Administration. (b) Establishment.--The Administrator shall establish a grant program, to be known as the ``Innovative Bridge Program'', to provide grants to State departments of transportation, Tribal governments, public toll authorities, and units of local government for-- (1) coastal or rural infrastructure bridge projects; and (2) value engineering projects under subsection (g). (f) Special Consideration for At-Risk Areas.--In providing grants under this section, the Administrator shall give special consideration to projects located in rural areas or areas prone to coastal or inland flooding due to severe storms (such as hurricanes or rain bursts), storm surges, or projected sea level rise during the projected lifetime of the project. (h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. 7. SEC. (b) Technical Amendment.--Section 107(a)(2) of title 23, United States Code, is amended by striking ``subsection (c) of''.

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. a) Definition of Innovative Material.--In this section, the term ``innovative material'', with respect to an infrastructure project, includes a material, or a combination or process for use of materials, that, as determined by the appropriate Secretary or agency head-- (1) enhances the overall service life, sustainability, and resiliency of the project; or (2) provides ancillary benefits relative to widely adopted state of practice technologies. (b) Purposes.--The purposes of this section are-- (1) to encourage the research, design, and use of innovative materials, in concert with traditional materials, and associated techniques in the construction and preservation of the domestic infrastructure network; (2) to accelerate the deployment, extend the service life, improve the performance, and reduce the cost of infrastructure projects; and (3) to improve the economy, resilience, maintainability, sustainability, and safety of the domestic infrastructure network. ( d) Duties.--The Task Force shall coordinate and improve, with respect to infrastructure construction, retrofitting, rehabilitation, and other improvements-- (1) Federal testing standards; (2) Federal design and use guidelines; (3) Federal regulations; and (4) other applicable standards and performance and sustainability metrics. 2) Report.--The report under paragraph (1) shall-- (A) identify any non-Federal entities or other organizations, including the American Association of State Highway and Transportation Officials, that develop relevant standards; and (B) outline a strategy to improve coordination and information sharing between the entities described in subparagraph (A) and any relevant Federal agencies. INNOVATIVE MATERIAL INNOVATION HUBS. ( a) Definitions.--In this section: (1) Hub.--The term ``Hub'' means an Innovative Material Innovation Hub established under this section. ( 4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. ( b) Establishment.-- (1) In general.--The Secretary shall carry out a program to enhance the development of innovative materials in the United States by making awards to consortia for establishing and operating Innovative Material Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials. ( 2) Application.-- (A) In general.--A consortium seeking to establish and operate a Hub under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a detailed description of-- (i) each element of the consortium agreement required under paragraph (1)(B); and (ii) any existing facilities the consortium intends to use for Hub activities. ( B) Requirement.--If the consortium members will not be located at 1 centralized location, the application under subparagraph (A) shall include a communications plan that ensures close coordination and integration of Hub activities. ( (4) Transparency.-- (A) In general.--The Secretary shall provide to each applicant, on request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant. ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( 3) Conflicts of interest.--Each Hub shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department of Transportation. ( 4) Prohibition on construction and renovation.-- (A) In general.--No funds provided under this section may be used for construction or renovation of new buildings, test beds, or additional facilities for Hubs. ( ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ``(iii) Activities.--The collaboration described in clause (ii) may include-- ``(I) the development of new training for State and Tribal agencies; and ``(II) the expansion of technical training that involves State or Tribal departments of transportation in the development of new construction designs for innovative materials at the Turner- Fairbank Highway Research Center. ``(iv) Priority research.--The Turner- Fairbank Highway Research Center shall prioritize research relating to-- ``(I) the use of innovative materials in-- ``(aa) bridges with a span equal to or greater than 50 feet; ``(bb) highway reconstruction and rehabilitation; and ``(cc) rural road infrastructure; ``(II) the development of standardized designs using innovative materials; and ``(III) coastal resiliency. b) Establishment.--The Administrator shall establish a grant program, to be known as the ``Innovative Bridge Program'', to provide grants to State departments of transportation, Tribal governments, public toll authorities, and units of local government for-- (1) coastal or rural infrastructure bridge projects; and (2) value engineering projects under subsection (g). ( (d) Eligible Projects.--To be eligible to receive a grant under this section, a coastal or rural infrastructure bridge project or a value engineering project shall-- (1) be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet; (2) be carried out in a manner so as to reduce traffic impact; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) use innovative materials that-- (A) are resistant to corrosion; and (B) extend the service life of the bridge. ( e) Preferences.--In providing grants under this section, the Administrator shall give preference to proposed projects that-- (1) use materials that are domestically produced and sourced; (2) use nontraditional production techniques, such as factory prefabrication; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) retrofit a bridge. ( h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. i) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $65,000,000 for each of fiscal years 2022 through 2026. WATER INFRASTRUCTURE INNOVATION PROGRAM. (a) Establishment.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish a grant program, to be known as the ``Water Infrastructure Innovation Program'', to provide grants for the design and installation of water infrastructure projects, including wastewater transport and treatment systems and drinking water treatment and distribution systems, that use innovative materials to reduce total costs, including operation and preservation expenses, and extend the service life of installed structures. ( d) Preference.--In providing grants under this section, the Administrator shall give preference to proposed projects that use materials that are domestically produced and sourced. ( (f) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. ( g) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $65,000,000 for each of fiscal years 2022 through 2026. b) Technical Amendment.--Section 107(a)(2) of title 23, United States Code, is amended by striking ``subsection (c) of''.

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. c) Establishment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall establish an Interagency Innovative Materials Standards Task Force (referred to in this section as the ``Task Force'') composed of the heads of Federal agencies responsible for significant civil infrastructure projects, including the Administrator of the Federal Highway Administration. (2) Chairperson.--The Director of the National Institute of Standards and Technology shall serve as Chairperson of the Task Force. ( d) Duties.--The Task Force shall coordinate and improve, with respect to infrastructure construction, retrofitting, rehabilitation, and other improvements-- (1) Federal testing standards; (2) Federal design and use guidelines; (3) Federal regulations; and (4) other applicable standards and performance and sustainability metrics. ( INNOVATIVE MATERIAL INNOVATION HUBS. ( a) Definitions.--In this section: (1) Hub.--The term ``Hub'' means an Innovative Material Innovation Hub established under this section. ( (b) Establishment.-- (1) In general.--The Secretary shall carry out a program to enhance the development of innovative materials in the United States by making awards to consortia for establishing and operating Innovative Material Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials. ( 2) Coordination.--The Secretary shall ensure the coordination of, and avoid duplication of, the activities of each Hub with the activities of-- (A) other research entities of the Department of Transportation, including the Federal Highway Administration; and (B) research entities of other Federal agencies, as appropriate. ( 4) Transparency.-- (A) In general.--The Secretary shall provide to each applicant, on request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant. ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( (2) Availability.--Amounts made available to carry out this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts were made available. ( f) Applicability.--The Secretary shall administer this section in accordance with section 330 of title 49, United States Code. ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ``(iii) Activities.--The collaboration described in clause (ii) may include-- ``(I) the development of new training for State and Tribal agencies; and ``(II) the expansion of technical training that involves State or Tribal departments of transportation in the development of new construction designs for innovative materials at the Turner- Fairbank Highway Research Center. (d) Eligible Projects.--To be eligible to receive a grant under this section, a coastal or rural infrastructure bridge project or a value engineering project shall-- (1) be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet; (2) be carried out in a manner so as to reduce traffic impact; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) use innovative materials that-- (A) are resistant to corrosion; and (B) extend the service life of the bridge. ( h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. i) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $65,000,000 for each of fiscal years 2022 through 2026. a) Establishment.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish a grant program, to be known as the ``Water Infrastructure Innovation Program'', to provide grants for the design and installation of water infrastructure projects, including wastewater transport and treatment systems and drinking water treatment and distribution systems, that use innovative materials to reduce total costs, including operation and preservation expenses, and extend the service life of installed structures. ( (c) Eligible Projects.--To be eligible to receive a grant under this section, a water infrastructure project shall-- (1) serve a community with a population between 3,301 and 99,999; and (2) use innovative materials that-- (A) are resistant to degradation; (B) extend service life; or (C) provide long-term protection of water facilities and systems. ( d) Preference.--In providing grants under this section, the Administrator shall give preference to proposed projects that use materials that are domestically produced and sourced. ( b) Technical Amendment.--Section 107(a)(2) of title 23, United States Code, is amended by striking ``subsection (c) of''.

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. c) Establishment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall establish an Interagency Innovative Materials Standards Task Force (referred to in this section as the ``Task Force'') composed of the heads of Federal agencies responsible for significant civil infrastructure projects, including the Administrator of the Federal Highway Administration. (2) Chairperson.--The Director of the National Institute of Standards and Technology shall serve as Chairperson of the Task Force. ( d) Duties.--The Task Force shall coordinate and improve, with respect to infrastructure construction, retrofitting, rehabilitation, and other improvements-- (1) Federal testing standards; (2) Federal design and use guidelines; (3) Federal regulations; and (4) other applicable standards and performance and sustainability metrics. ( INNOVATIVE MATERIAL INNOVATION HUBS. ( a) Definitions.--In this section: (1) Hub.--The term ``Hub'' means an Innovative Material Innovation Hub established under this section. ( (b) Establishment.-- (1) In general.--The Secretary shall carry out a program to enhance the development of innovative materials in the United States by making awards to consortia for establishing and operating Innovative Material Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, standardized design development, and commercial application of innovative materials. ( 2) Coordination.--The Secretary shall ensure the coordination of, and avoid duplication of, the activities of each Hub with the activities of-- (A) other research entities of the Department of Transportation, including the Federal Highway Administration; and (B) research entities of other Federal agencies, as appropriate. ( 4) Transparency.-- (A) In general.--The Secretary shall provide to each applicant, on request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant. ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( (2) Availability.--Amounts made available to carry out this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts were made available. ( f) Applicability.--The Secretary shall administer this section in accordance with section 330 of title 49, United States Code. ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ``(iii) Activities.--The collaboration described in clause (ii) may include-- ``(I) the development of new training for State and Tribal agencies; and ``(II) the expansion of technical training that involves State or Tribal departments of transportation in the development of new construction designs for innovative materials at the Turner- Fairbank Highway Research Center. (d) Eligible Projects.--To be eligible to receive a grant under this section, a coastal or rural infrastructure bridge project or a value engineering project shall-- (1) be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet; (2) be carried out in a manner so as to reduce traffic impact; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) use innovative materials that-- (A) are resistant to corrosion; and (B) extend the service life of the bridge. ( h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. i) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $65,000,000 for each of fiscal years 2022 through 2026. a) Establishment.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish a grant program, to be known as the ``Water Infrastructure Innovation Program'', to provide grants for the design and installation of water infrastructure projects, including wastewater transport and treatment systems and drinking water treatment and distribution systems, that use innovative materials to reduce total costs, including operation and preservation expenses, and extend the service life of installed structures. ( (c) Eligible Projects.--To be eligible to receive a grant under this section, a water infrastructure project shall-- (1) serve a community with a population between 3,301 and 99,999; and (2) use innovative materials that-- (A) are resistant to degradation; (B) extend service life; or (C) provide long-term protection of water facilities and systems. ( d) Preference.--In providing grants under this section, the Administrator shall give preference to proposed projects that use materials that are domestically produced and sourced. ( b) Technical Amendment.--Section 107(a)(2) of title 23, United States Code, is amended by striking ``subsection (c) of''.

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. b) Purposes.--The purposes of this section are-- (1) to encourage the research, design, and use of innovative materials, in concert with traditional materials, and associated techniques in the construction and preservation of the domestic infrastructure network; (2) to accelerate the deployment, extend the service life, improve the performance, and reduce the cost of infrastructure projects; and (3) to improve the economy, resilience, maintainability, sustainability, and safety of the domestic infrastructure network. ( 2) Report.--The report under paragraph (1) shall-- (A) identify any non-Federal entities or other organizations, including the American Association of State Highway and Transportation Officials, that develop relevant standards; and (B) outline a strategy to improve coordination and information sharing between the entities described in subparagraph (A) and any relevant Federal agencies. a) Definitions.--In this section: (1) Hub.--The term ``Hub'' means an Innovative Material Innovation Hub established under this section. ( ( (4) Transparency.-- (A) In general.--The Secretary shall provide to each applicant, on request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant. ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( ``(iii) Activities.--The collaboration described in clause (ii) may include-- ``(I) the development of new training for State and Tribal agencies; and ``(II) the expansion of technical training that involves State or Tribal departments of transportation in the development of new construction designs for innovative materials at the Turner- Fairbank Highway Research Center. ``(iv) Priority research.--The Turner- Fairbank Highway Research Center shall prioritize research relating to-- ``(I) the use of innovative materials in-- ``(aa) bridges with a span equal to or greater than 50 feet; ``(bb) highway reconstruction and rehabilitation; and ``(cc) rural road infrastructure; ``(II) the development of standardized designs using innovative materials; and ``(III) coastal resiliency. ( (d) Eligible Projects.--To be eligible to receive a grant under this section, a coastal or rural infrastructure bridge project or a value engineering project shall-- (1) be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet; (2) be carried out in a manner so as to reduce traffic impact; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) use innovative materials that-- (A) are resistant to corrosion; and (B) extend the service life of the bridge. ( e) Preferences.--In providing grants under this section, the Administrator shall give preference to proposed projects that-- (1) use materials that are domestically produced and sourced; (2) use nontraditional production techniques, such as factory prefabrication; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) retrofit a bridge. ( (a) Establishment.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish a grant program, to be known as the ``Water Infrastructure Innovation Program'', to provide grants for the design and installation of water infrastructure projects, including wastewater transport and treatment systems and drinking water treatment and distribution systems, that use innovative materials to reduce total costs, including operation and preservation expenses, and extend the service life of installed structures. ( f) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. (

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. 2) Coordination.--The Secretary shall ensure the coordination of, and avoid duplication of, the activities of each Hub with the activities of-- (A) other research entities of the Department of Transportation, including the Federal Highway Administration; and (B) research entities of other Federal agencies, as appropriate. ( ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( ( ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ( h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. c) Eligible Projects.--To be eligible to receive a grant under this section, a water infrastructure project shall-- (1) serve a community with a population between 3,301 and 99,999; and (2) use innovative materials that-- (A) are resistant to degradation; (B) extend service life; or (C) provide long-term protection of water facilities and systems. (

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. b) Purposes.--The purposes of this section are-- (1) to encourage the research, design, and use of innovative materials, in concert with traditional materials, and associated techniques in the construction and preservation of the domestic infrastructure network; (2) to accelerate the deployment, extend the service life, improve the performance, and reduce the cost of infrastructure projects; and (3) to improve the economy, resilience, maintainability, sustainability, and safety of the domestic infrastructure network. ( 2) Report.--The report under paragraph (1) shall-- (A) identify any non-Federal entities or other organizations, including the American Association of State Highway and Transportation Officials, that develop relevant standards; and (B) outline a strategy to improve coordination and information sharing between the entities described in subparagraph (A) and any relevant Federal agencies. a) Definitions.--In this section: (1) Hub.--The term ``Hub'' means an Innovative Material Innovation Hub established under this section. ( ( (4) Transparency.-- (A) In general.--The Secretary shall provide to each applicant, on request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant. ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( ``(iii) Activities.--The collaboration described in clause (ii) may include-- ``(I) the development of new training for State and Tribal agencies; and ``(II) the expansion of technical training that involves State or Tribal departments of transportation in the development of new construction designs for innovative materials at the Turner- Fairbank Highway Research Center. ``(iv) Priority research.--The Turner- Fairbank Highway Research Center shall prioritize research relating to-- ``(I) the use of innovative materials in-- ``(aa) bridges with a span equal to or greater than 50 feet; ``(bb) highway reconstruction and rehabilitation; and ``(cc) rural road infrastructure; ``(II) the development of standardized designs using innovative materials; and ``(III) coastal resiliency. ( (d) Eligible Projects.--To be eligible to receive a grant under this section, a coastal or rural infrastructure bridge project or a value engineering project shall-- (1) be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet; (2) be carried out in a manner so as to reduce traffic impact; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) use innovative materials that-- (A) are resistant to corrosion; and (B) extend the service life of the bridge. ( e) Preferences.--In providing grants under this section, the Administrator shall give preference to proposed projects that-- (1) use materials that are domestically produced and sourced; (2) use nontraditional production techniques, such as factory prefabrication; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) retrofit a bridge. ( (a) Establishment.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall establish a grant program, to be known as the ``Water Infrastructure Innovation Program'', to provide grants for the design and installation of water infrastructure projects, including wastewater transport and treatment systems and drinking water treatment and distribution systems, that use innovative materials to reduce total costs, including operation and preservation expenses, and extend the service life of installed structures. ( f) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. (

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. 2) Coordination.--The Secretary shall ensure the coordination of, and avoid duplication of, the activities of each Hub with the activities of-- (A) other research entities of the Department of Transportation, including the Federal Highway Administration; and (B) research entities of other Federal agencies, as appropriate. ( ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( ( ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ( h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. c) Eligible Projects.--To be eligible to receive a grant under this section, a water infrastructure project shall-- (1) serve a community with a population between 3,301 and 99,999; and (2) use innovative materials that-- (A) are resistant to degradation; (B) extend service life; or (C) provide long-term protection of water facilities and systems. (

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. b) Purposes.--The purposes of this section are-- (1) to encourage the research, design, and use of innovative materials, in concert with traditional materials, and associated techniques in the construction and preservation of the domestic infrastructure network; (2) to accelerate the deployment, extend the service life, improve the performance, and reduce the cost of infrastructure projects; and (3) to improve the economy, resilience, maintainability, sustainability, and safety of the domestic infrastructure network. ( ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( ``(iii) Activities.--The collaboration described in clause (ii) may include-- ``(I) the development of new training for State and Tribal agencies; and ``(II) the expansion of technical training that involves State or Tribal departments of transportation in the development of new construction designs for innovative materials at the Turner- Fairbank Highway Research Center. ( (d) Eligible Projects.--To be eligible to receive a grant under this section, a coastal or rural infrastructure bridge project or a value engineering project shall-- (1) be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet; (2) be carried out in a manner so as to reduce traffic impact; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) use innovative materials that-- (A) are resistant to corrosion; and (B) extend the service life of the bridge. ( e) Preferences.--In providing grants under this section, the Administrator shall give preference to proposed projects that-- (1) use materials that are domestically produced and sourced; (2) use nontraditional production techniques, such as factory prefabrication; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) retrofit a bridge. ( ( ( f) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. (

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. 2) Coordination.--The Secretary shall ensure the coordination of, and avoid duplication of, the activities of each Hub with the activities of-- (A) other research entities of the Department of Transportation, including the Federal Highway Administration; and (B) research entities of other Federal agencies, as appropriate. ( ( B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( ( ``(ii) Collaboration with states and tribes.--The Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies-- ``(I) with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and ``(II) to understand and identify-- ``(aa) the needs of the State and Tribal agencies; and ``(bb) innovative materials that may be further researched, developed, and used to meet those needs. ( h) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. c) Eligible Projects.--To be eligible to receive a grant under this section, a water infrastructure project shall-- (1) serve a community with a population between 3,301 and 99,999; and (2) use innovative materials that-- (A) are resistant to degradation; (B) extend service life; or (C) provide long-term protection of water facilities and systems. (

To encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. B) Reports.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report the describes the overall review process under paragraph (2), given the considerations under paragraph (3)(B), that includes-- (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. ( ( (d) Eligible Projects.--To be eligible to receive a grant under this section, a coastal or rural infrastructure bridge project or a value engineering project shall-- (1) be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet; (2) be carried out in a manner so as to reduce traffic impact; (3) include multimodal transportation components, such as bicycle and pedestrian paths; and (4) use innovative materials that-- (A) are resistant to corrosion; and (B) extend the service life of the bridge. ( f) Recordkeeping; Reports.-- (1) Recordkeeping.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each grant provided under this section. (

Innovative Materials for America's Growth and Infrastructure Newly Expanded Act of 2021 or the IMAGINE Act This bill directs the National Institute of Standards and Technology (NIST) to establish an Interagency Innovative Materials Standards Task Force composed of the heads of federal agencies responsible for significant civil infrastructure projects, including the Administrator of the Federal Highway Administration (FHWA). The Task Force shall Directs the Secretary of Transportation to select consortia for awards for the establishment and operation of Hubs through a competitive selection process. (Sec. 2) Requires consortias to: (1) be composed of not fewer than two qualifying entities; (2) operate subject to a binding agreement that documents the proposed partnership agreement, including the governance and management structure of the Hub; Directs the Administrator of the Federal Highway Administration (FHWA) to establish the Innovative Bridge Program to provide grants to state departments of transportation, tribal governments, public toll authorities, and local governments for: (1) coastal or rural infrastructure bridge projects; and (2) value engineering projects. (Sec. 6) Requires the Turner-Fairbank Highway Research Center to prioritize research relating Amends Federal transportation law to direct the Administrator of the Federal Highway Administration (FHA) to develop a project recordkeeping system that maintains comprehensive, current, and accurate information on each water infrastructure grant provided under this Act. (Sec. 8) Requires the Administrator to give preference to projects that use materials that are domestically produced and sourced, and to give special consideration to projects located in areas

S.1060

Foreign Trade and International Finance

Fair Trade with China Enforcement Act This bill revises trade, finance, and tax provisions with respect to China. Specifically, the bill directs the Department of Commerce to prohibit the export of certain U.S. technology and intellectual property to China, and it places a shareholder cap on Chinese investments in certain U.S. corporations. The bill prohibits federal agencies from using or procuring telecommunications equipment or services from Huawei Technologies Company, ZTE Corporation, or any other entity reasonably believed to be owned or controlled by China. Further, the bill requires the U.S. Trade Representative to list certain Chinese products that receive support pursuant to China's Made in China 2025 policy. The bill expedites the countervailing duty process (i.e., the imposition of duties to offset a subsidy by a foreign government) for products on this list. The bill amends the Internal Revenue Code to (1) repeal certain reduced withholding rates for residents of China, and (2) provide for the taxation of income received by China on certain U.S. investments.

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Fair Trade with China Enforcement Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Statement of policy. TITLE I--SAFEGUARDS AGAINST FOREIGN INFLUENCE IN UNITED STATES NATIONAL AND ECONOMIC SECURITY BY THE PEOPLE'S REPUBLIC OF CHINA Sec. 101. Establishment of list of certain products receiving support from Government of People's Republic of China pursuant to Made in China 2025 policy. Sec. 102. Prohibition on export to People's Republic of China of national security sensitive technology and intellectual property. Sec. 103. Imposition of shareholder cap on Chinese investors in United States corporations. Sec. 104. Prohibition on use of certain telecommunications services or equipment. TITLE II--FAIR TRADE ENFORCEMENT ACTIONS WITH RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA Sec. 201. Countervailing duties with respect to certain industries in the People's Republic of China. Sec. 202. Repeal of reduced withholding rates for residents of China. Sec. 203. Taxation of obligations of the United States held by the Government of the People's Republic of China. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) since joining the World Trade Organization in 2001, the People's Republic of China has offered the United States a contradictory bargain, which promised openness in the global trade order, but through state mercantilism delivered a severely imbalanced trading relationship; (2) it was erroneous for the United States Government to have ignored the contradictions and risks of free trade with the People's Republic of China on the assumption that the People's Republic of China would liberalize economically and politically; (3) benefiting enormously from a more open global economy to drive its own industries, the Government of the People's Republic of China and the Communist Party of the People's Republic of China have only tightened their grip on power, brutally suppressing dissent at home and pursuing policies abroad that are a far cry from being a responsible global stakeholder; (4) malevolent economic behavior by persons in the People's Republic of China is made clear by the theft of intellectual property from the United States, as Chinese theft of United States intellectual property alone costs the United States nearly $600,000,000,000 annually, according to the United States Trade Representative; (5) stealing United States intellectual property advances the Made in China 2025 initiative of the Government of the People's Republic of China to eventually dominate global exports in 10 critical sectors, namely artificial intelligence and next-generation information technology, robotics, new- energy vehicles, biotechnology, energy and power generation, aerospace, high-tech shipping, advanced railway, new materials, and agricultural machinery, among others; (6) the targets of the Made in China 2025 initiative reveal the goal of the People's Republic of China for the near-total displacement of advanced manufacturing in the United States; and (7) the United States Government should act to strengthen the position of the United States in its policy toward the People's Republic of China in order to create a more balanced economic relationship by safeguarding strategic assets from Chinese influence, reducing Chinese involvement in the United States economy, and encouraging United States companies to produce domestically, instead of in the People's Republic of China. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to impose restrictions on Chinese investment in the United States in strategic industries targeted by the Made in China 2025 initiative set forth by the Government of the People's Republic of China; (2) to tax Chinese investment in the United States due to its negative effect on the United States trade deficit and wages of workers in the United States; (3) to increase the cost of transnational production operations in the People's Republic of China in a manner consistent with the economic cost of the risk of loss of unique access by the United States to intellectual property, technology, and industrial base; and (4) to support democratization in and the human rights of the people of Hong Kong, including the findings and declarations set forth under section 2 of the United States- Hong Kong Policy Act of 1992 (22 U.S.C. 5701). TITLE I--SAFEGUARDS AGAINST FOREIGN INFLUENCE IN UNITED STATES NATIONAL AND ECONOMIC SECURITY BY THE PEOPLE'S REPUBLIC OF CHINA SEC. 101. ESTABLISHMENT OF LIST OF CERTAIN PRODUCTS RECEIVING SUPPORT FROM GOVERNMENT OF PEOPLE'S REPUBLIC OF CHINA PURSUANT TO MADE IN CHINA 2025 POLICY. (a) In General.--Chapter 8 of title I of the Trade Act of 1974 (19 U.S.C. 2241 et seq.) is amended by adding at the end the following: ``SEC. 183. LIST OF CERTAIN PRODUCTS RECEIVING SUPPORT FROM GOVERNMENT OF PEOPLE'S REPUBLIC OF CHINA. ``(a) In General.--Not later than 120 days after the date of the enactment of the Fair Trade with China Enforcement Act, and every year thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by the Trade Representative to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government. ``(b) Criteria for List.-- ``(1) In general.--The Trade Representative shall include in the list required by subsection (a) the following products: ``(A) Any product specified in the following documents set forth by the Government of the People's Republic of China: ``(i) Notice on Issuing Made in China 2025. ``(ii) China Manufacturing 2025. ``(iii) Notice on Issuing the 13th Five- year National Strategic Emerging Industries Development Plan. ``(iv) Guiding Opinion on Promoting International Industrial Capacity and Equipment Manufacturing Cooperation. ``(v) Any other document that expresses a national strategy or stated goal in connection with the Made in China 2025 industrial policy set forth by the Government of the People's Republic of China, the Communist Party of China, or another entity or individual capable of impacting the national strategy of the People's Republic of China. ``(B) Any product receiving support from the Government of the People's Republic of China that has or will in the future displace net exports of like products by the United States, as determined by the Trade Representative. ``(2) Included products.--In addition to such products as the Trade Representative shall include pursuant to paragraph (1) in the list required by subsection (a), the Trade Representative shall include products in the following industries: ``(A) Civil aircraft. ``(B) Motor car and vehicle. ``(C) Advanced medical equipment. ``(D) Advanced construction equipment. ``(E) Agricultural machinery. ``(F) Railway equipment. ``(G) Diesel locomotive. ``(H) Moving freight. ``(I) Semiconductor. ``(J) Lithium battery manufacturing. ``(K) Artificial intelligence. ``(L) High-capacity computing. ``(M) Quantum computing. ``(N) Robotics. ``(O) Biotechnology.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 182 the following: ``Sec. 183. List of certain products receiving support from Government of People's Republic of China.''. SEC. 102. PROHIBITION ON EXPORT TO PEOPLE'S REPUBLIC OF CHINA OF NATIONAL SECURITY SENSITIVE TECHNOLOGY AND INTELLECTUAL PROPERTY. (a) In General.--The Secretary of Commerce shall prohibit the export to the People's Republic of China of any national security sensitive technology or intellectual property subject to the jurisdiction of the United States or exported by any person subject to the jurisdiction of the United States. (b) Definitions.--In this section: (1) Intellectual property.--The term ``intellectual property'' includes patents, copyrights, trademarks, or trade secrets. (2) National security sensitive technology or intellectual property.--The term ``national security sensitive technology or intellectual property'' includes the following: (A) Technology or intellectual property that would make a significant contribution to the military potential of the People's Republic of China that would prove detrimental to the national security of the United States. (B) Technology or intellectual property necessary to protect the economy of the United States from the excessive drain of scarce materials and to reduce the serious inflationary impact of demand from the People's Republic of China. (C) Technology or intellectual property that is a component of the production of products included in the most recent list required under section 183 of the Trade Act of 1974, as added by section 101(a), determined in consultation with the United States Trade Representative. (3) Technology.--The term ``technology'' includes goods or services relating to information systems, internet-based services, production-enhancing logistics, robotics, artificial intelligence, biotechnology, or computing. SEC. 103. IMPOSITION OF SHAREHOLDER CAP ON CHINESE INVESTORS IN UNITED STATES CORPORATIONS. Section 13(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. ``(B) No covered issuer that is incorporated under the laws of a State, or whose principal place of business is within a State, may be majority-owned by a person whose principal place of business is in the People's Republic of China. ``(C) The prohibition in subparagraph (B) shall apply to any acquisition on or after the date of enactment of this paragraph.''. SEC. 104. PROHIBITION ON USE OF CERTAIN TELECOMMUNICATIONS SERVICES OR EQUIPMENT. (a) Findings.--Congress makes the following findings: (1) In its 2011 ``Annual Report to Congress on Military and Security Developments Involving the People's Republic of China'', the Department of Defense stated, ``China's defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. Progress within individual defense sectors appears linked to the relative integration of each, through China's civilian economy, into the global production and R&D chain . . . Information technology companies in particular, including Huawei, Datang, and Zhongxing, maintain close ties to the PLA.''. (2) In a 2011 report titled ``The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector'', the United States China Economic and Security Review Commission stated that ``[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . Additionally, large Chinese companies--particularly those `national champions' prominent in China's `going out' strategy of overseas expansion--are directly subject to direction by the Chinese Communist Party, to include support for PRC state policies and goals.''. (3) The Commission further stated in its report that ``[f]rom this point of view, the clear economic benefits of foreign investment in the U.S. must be weighed against the potential security concerns related to infrastructure components coming under the control of foreign entities. This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.''. (4) In its 2011 Annual Report to Congress, the United States China Economic and Security Review Commission stated that ``[t]he extent of the state's control of the Chinese economy is difficult to quantify. . . . There is also a category of companies that, though claiming to be private, are subject to state influence. Such companies are often in new markets with no established SOE leaders and enjoy favorable government policies that support their development while posing obstacles to foreign competition. Examples include Chinese telecoms giant Huawei and such automotive companies as battery maker BYD and vehicle manufacturers Geely and Chery.''. (5) In the bipartisan ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. Similarly, government contractors--particularly those working on contracts for sensitive U.S. programs--should exclude ZTE or Huawei equipment in their systems.''. (6) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had ``shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with''. (7) The Federal Bureau of Investigation, in a February 2015 Counterintelligence Strategy Partnership Intelligence Note, stated that, ``[w]ith the expanded use of Huawei Technologies Inc. equipment and services in U.S. telecommunications service provider networks, the Chinese Government's potential access to U.S. business communications is dramatically increasing. Chinese Government-supported telecommunications equipment on U.S. networks may be exploited through Chinese cyber activity, with China's intelligence services operating as an advanced persistent threat to U.S. networks.''. (8) The Federal Bureau of Investigation further stated in its February 2015 counterintelligence note that ``China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure''. (9) At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, ``In the Office of the Secretary of Defense, absolutely not. And I know of no other--I don't believe we operate in the Pentagon, any [Huawei] systems in the Pentagon.''. (10) At that hearing, the Commander of the United States Cyber Command, Admiral Mike Rogers, responding to a question about why such Huawei telecommunications equipment is not used, stated, ``As we look at supply chain and we look at potential vulnerabilities within the system, that it is a risk we felt was unacceptable.''. (11) In March 2017, ZTE Corporation pled guilty to conspiring to violate the International Emergency Economic Powers Act by illegally shipping United States-origin items to Iran, paying the United States Government a penalty of $892,360,064 for activity between January 2010 and January 2016. (12) The Office of Foreign Assets Control of the Department of the Treasury issued a subpoena to Huawei as part of a Federal investigation of alleged violations of trade restrictions on Cuba, Iran, and Sudan. (b) Prohibition on Agency Use or Procurement.--The head of an agency may not procure or obtain, may not extend or renew a contract to procure or obtain, and may not enter into a contract (or extend or renew a contract) with an entity that uses, or contracts with any other entity that uses, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, in consultation with the Secretary of Defense and the United States Trade Representative, shall submit to Congress a report on sales by the Government of the People's Republic of China of covered telecommunications equipment or services through partial ownership or any other methods. (d) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). (B) Telecommunications services provided by such entities or using such equipment. (C) Telecommunications equipment or services produced or provided by an entity that the head of the relevant agency reasonably believes to be an entity owned or controlled by, or otherwise connected to, the Government of the People's Republic of China. TITLE II--FAIR TRADE ENFORCEMENT ACTIONS WITH RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA SEC. 201. COUNTERVAILING DUTIES WITH RESPECT TO CERTAIN INDUSTRIES IN THE PEOPLE'S REPUBLIC OF CHINA. (a) Policy.--It is the policy of the United States-- (1) to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan set forth by the Government of the People's Republic of China; and (2) to encourage allies of the United States to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan. (b) Inclusion of Made in China 2025 Products in Definition of Countervailable Subsidy.--Paragraph (5) of section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: ``(G) Treatment of certain chinese merchandise.-- Notwithstanding any other provision of this title, if a person presents evidence in a petition filed under section 702(b) that merchandise covered by the petition is manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative, the administrating authority shall determine that a countervailable subsidy is being provided with respect to that merchandise.''. (c) Inclusion of Made in China 2025 Products in Definition of Material Injury.--Paragraph (7)(F) of such section is amended by adding at the end the following: ``(iv) Treatment of certain chinese merchandise.--Notwithstanding any other provision of this title, if a petition filed under section 702(b) alleges that an industry in the United States is materially injured or threatened with material injury or that the establishment of an industry in the United States is materially retarded by reason of imports of merchandise manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative, the Commission shall determine that material injury or such a threat exists.''. SEC. 202. REPEAL OF REDUCED WITHHOLDING RATES FOR RESIDENTS OF CHINA. (a) In General.--Section 894 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``The provisions of'' in subsection (a)(1) and inserting ``Except as otherwise provided in this section, the provisions of''; and (2) by adding at the end the following new subsection: ``(d) Exception for People's Republic of China.-- ``(1) In general.--The rates of tax imposed under sections 871 and 881, and the rates of withholding tax imposed under chapter 3, with respect to any resident of the People's Republic of China shall be determined without regard to any provision of the Agreement between the Government of the United States of America and the Government of the People's Republic of China for the Avoidance of Double Taxation and the Prevention of Tax Evasion with Respect to Taxes on Income, signed at Beijing on April 30, 1984. ``(2) Regulations.--The Secretary shall promulgate regulations to prevent the avoidance of the purposes of this subsection through the use of foreign entities.''. (b) Effective Date.--The amendments made by this section shall apply to income received after the date of the enactment of this Act. SEC. 203. TAXATION OF OBLIGATIONS OF THE UNITED STATES HELD BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. (b) Central Bank.--Section 895 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Income'' and inserting the following: ``(a) In General.--Income''; and (2) by adding at the end the following new subsection: ``(b) Exception.--This section shall not apply to the any central bank of the People's Republic of China.''. (c) Effective Date.--The amendments made by this section shall apply to income received or derived after the date of the enactment of this Act. <all>

Fair Trade with China Enforcement Act

A bill to safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes.

Fair Trade with China Enforcement Act

Sen. Rubio, Marco

R

FL

This bill revises trade, finance, and tax provisions with respect to China. Specifically, the bill directs the Department of Commerce to prohibit the export of certain U.S. technology and intellectual property to China, and it places a shareholder cap on Chinese investments in certain U.S. corporations. The bill prohibits federal agencies from using or procuring telecommunications equipment or services from Huawei Technologies Company, ZTE Corporation, or any other entity reasonably believed to be owned or controlled by China. Further, the bill requires the U.S. Trade Representative to list certain Chinese products that receive support pursuant to China's Made in China 2025 policy. The bill expedites the countervailing duty process (i.e., the imposition of duties to offset a subsidy by a foreign government) for products on this list. The bill amends the Internal Revenue Code to (1) repeal certain reduced withholding rates for residents of China, and (2) provide for the taxation of income received by China on certain U.S. investments.

SHORT TITLE; TABLE OF CONTENTS. 1. Sense of Congress. Statement of policy. Prohibition on use of certain telecommunications services or equipment. TITLE II--FAIR TRADE ENFORCEMENT ACTIONS WITH RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA Sec. Repeal of reduced withholding rates for residents of China. Sec. Taxation of obligations of the United States held by the Government of the People's Republic of China. 2. 3. is amended by adding at the end the following: ``SEC. ``(ii) China Manufacturing 2025. ``(D) Advanced construction equipment. ``(E) Agricultural machinery. ``(F) Railway equipment. ``(L) High-capacity computing. ``(N) Robotics. ``(O) Biotechnology.''. 102. (C) Technology or intellectual property that is a component of the production of products included in the most recent list required under section 183 of the Trade Act of 1974, as added by section 101(a), determined in consultation with the United States Trade Representative. 103. ``(B) No covered issuer that is incorporated under the laws of a State, or whose principal place of business is within a State, may be majority-owned by a person whose principal place of business is in the People's Republic of China. 104. Progress within individual defense sectors appears linked to the relative integration of each, through China's civilian economy, into the global production and R&D chain . This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.''. (4) In its 2011 Annual Report to Congress, the United States China Economic and Security Review Commission stated that ``[t]he extent of the state's control of the Chinese economy is difficult to quantify. There is also a category of companies that, though claiming to be private, are subject to state influence. Such companies are often in new markets with no established SOE leaders and enjoy favorable government policies that support their development while posing obstacles to foreign competition. Similarly, government contractors--particularly those working on contracts for sensitive U.S. programs--should exclude ZTE or Huawei equipment in their systems.''. (6) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had ``shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with''. networks.''. (8) The Federal Bureau of Investigation further stated in its February 2015 counterintelligence note that ``China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure''. (d) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. 201. 202. ``(2) Regulations.--The Secretary shall promulgate regulations to prevent the avoidance of the purposes of this subsection through the use of foreign entities.''. (b) Effective Date.--The amendments made by this section shall apply to income received after the date of the enactment of this Act. 203.

SHORT TITLE; TABLE OF CONTENTS. 1. Sense of Congress. Statement of policy. Prohibition on use of certain telecommunications services or equipment. Repeal of reduced withholding rates for residents of China. Sec. Taxation of obligations of the United States held by the Government of the People's Republic of China. 2. 3. is amended by adding at the end the following: ``SEC. ``(ii) China Manufacturing 2025. ``(D) Advanced construction equipment. ``(L) High-capacity computing. ``(N) Robotics. ``(O) Biotechnology.''. 102. (C) Technology or intellectual property that is a component of the production of products included in the most recent list required under section 183 of the Trade Act of 1974, as added by section 101(a), determined in consultation with the United States Trade Representative. 103. ``(B) No covered issuer that is incorporated under the laws of a State, or whose principal place of business is within a State, may be majority-owned by a person whose principal place of business is in the People's Republic of China. 104. This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.''. (4) In its 2011 Annual Report to Congress, the United States China Economic and Security Review Commission stated that ``[t]he extent of the state's control of the Chinese economy is difficult to quantify. (6) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had ``shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with''. networks.''. (8) The Federal Bureau of Investigation further stated in its February 2015 counterintelligence note that ``China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure''. 201. 202. ``(2) Regulations.--The Secretary shall promulgate regulations to prevent the avoidance of the purposes of this subsection through the use of foreign entities.''. (b) Effective Date.--The amendments made by this section shall apply to income received after the date of the enactment of this Act. 203.

SHORT TITLE; TABLE OF CONTENTS. 1. Sense of Congress. Statement of policy. Imposition of shareholder cap on Chinese investors in United States corporations. Prohibition on use of certain telecommunications services or equipment. TITLE II--FAIR TRADE ENFORCEMENT ACTIONS WITH RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA Sec. Repeal of reduced withholding rates for residents of China. Sec. Taxation of obligations of the United States held by the Government of the People's Republic of China. 2. 3. is amended by adding at the end the following: ``SEC. ``(ii) China Manufacturing 2025. ``(iii) Notice on Issuing the 13th Five- year National Strategic Emerging Industries Development Plan. ``(D) Advanced construction equipment. ``(E) Agricultural machinery. ``(F) Railway equipment. ``(G) Diesel locomotive. ``(K) Artificial intelligence. ``(L) High-capacity computing. ``(N) Robotics. ``(O) Biotechnology.''. 102. (C) Technology or intellectual property that is a component of the production of products included in the most recent list required under section 183 of the Trade Act of 1974, as added by section 101(a), determined in consultation with the United States Trade Representative. 103. ``(B) No covered issuer that is incorporated under the laws of a State, or whose principal place of business is within a State, may be majority-owned by a person whose principal place of business is in the People's Republic of China. 104. Progress within individual defense sectors appears linked to the relative integration of each, through China's civilian economy, into the global production and R&D chain . This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.''. (4) In its 2011 Annual Report to Congress, the United States China Economic and Security Review Commission stated that ``[t]he extent of the state's control of the Chinese economy is difficult to quantify. There is also a category of companies that, though claiming to be private, are subject to state influence. Such companies are often in new markets with no established SOE leaders and enjoy favorable government policies that support their development while posing obstacles to foreign competition. Examples include Chinese telecoms giant Huawei and such automotive companies as battery maker BYD and vehicle manufacturers Geely and Chery.''. Similarly, government contractors--particularly those working on contracts for sensitive U.S. programs--should exclude ZTE or Huawei equipment in their systems.''. (6) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had ``shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with''. networks.''. (8) The Federal Bureau of Investigation further stated in its February 2015 counterintelligence note that ``China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure''. (10) At that hearing, the Commander of the United States Cyber Command, Admiral Mike Rogers, responding to a question about why such Huawei telecommunications equipment is not used, stated, ``As we look at supply chain and we look at potential vulnerabilities within the system, that it is a risk we felt was unacceptable.''. (d) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. 201. (c) Inclusion of Made in China 2025 Products in Definition of Material Injury.--Paragraph (7)(F) of such section is amended by adding at the end the following: ``(iv) Treatment of certain chinese merchandise.--Notwithstanding any other provision of this title, if a petition filed under section 702(b) alleges that an industry in the United States is materially injured or threatened with material injury or that the establishment of an industry in the United States is materially retarded by reason of imports of merchandise manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative, the Commission shall determine that material injury or such a threat exists.''. 202. ``(2) Regulations.--The Secretary shall promulgate regulations to prevent the avoidance of the purposes of this subsection through the use of foreign entities.''. (b) Effective Date.--The amendments made by this section shall apply to income received after the date of the enactment of this Act. 203.

SHORT TITLE; TABLE OF CONTENTS. 1. Sense of Congress. Statement of policy. Imposition of shareholder cap on Chinese investors in United States corporations. Prohibition on use of certain telecommunications services or equipment. TITLE II--FAIR TRADE ENFORCEMENT ACTIONS WITH RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA Sec. Repeal of reduced withholding rates for residents of China. Sec. Taxation of obligations of the United States held by the Government of the People's Republic of China. 2. 3. 5701). 2241 et seq.) is amended by adding at the end the following: ``SEC. ``(ii) China Manufacturing 2025. ``(iii) Notice on Issuing the 13th Five- year National Strategic Emerging Industries Development Plan. ``(v) Any other document that expresses a national strategy or stated goal in connection with the Made in China 2025 industrial policy set forth by the Government of the People's Republic of China, the Communist Party of China, or another entity or individual capable of impacting the national strategy of the People's Republic of China. ``(D) Advanced construction equipment. ``(E) Agricultural machinery. ``(F) Railway equipment. ``(G) Diesel locomotive. ``(H) Moving freight. ``(I) Semiconductor. ``(K) Artificial intelligence. ``(L) High-capacity computing. ``(N) Robotics. ``(O) Biotechnology.''. 102. (C) Technology or intellectual property that is a component of the production of products included in the most recent list required under section 183 of the Trade Act of 1974, as added by section 101(a), determined in consultation with the United States Trade Representative. 103. ``(B) No covered issuer that is incorporated under the laws of a State, or whose principal place of business is within a State, may be majority-owned by a person whose principal place of business is in the People's Republic of China. 104. Progress within individual defense sectors appears linked to the relative integration of each, through China's civilian economy, into the global production and R&D chain . This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.''. (4) In its 2011 Annual Report to Congress, the United States China Economic and Security Review Commission stated that ``[t]he extent of the state's control of the Chinese economy is difficult to quantify. There is also a category of companies that, though claiming to be private, are subject to state influence. Such companies are often in new markets with no established SOE leaders and enjoy favorable government policies that support their development while posing obstacles to foreign competition. Examples include Chinese telecoms giant Huawei and such automotive companies as battery maker BYD and vehicle manufacturers Geely and Chery.''. Similarly, government contractors--particularly those working on contracts for sensitive U.S. programs--should exclude ZTE or Huawei equipment in their systems.''. (6) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had ``shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with''. networks.''. (8) The Federal Bureau of Investigation further stated in its February 2015 counterintelligence note that ``China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure''. And I know of no other--I don't believe we operate in the Pentagon, any [Huawei] systems in the Pentagon.''. (10) At that hearing, the Commander of the United States Cyber Command, Admiral Mike Rogers, responding to a question about why such Huawei telecommunications equipment is not used, stated, ``As we look at supply chain and we look at potential vulnerabilities within the system, that it is a risk we felt was unacceptable.''. (11) In March 2017, ZTE Corporation pled guilty to conspiring to violate the International Emergency Economic Powers Act by illegally shipping United States-origin items to Iran, paying the United States Government a penalty of $892,360,064 for activity between January 2010 and January 2016. (12) The Office of Foreign Assets Control of the Department of the Treasury issued a subpoena to Huawei as part of a Federal investigation of alleged violations of trade restrictions on Cuba, Iran, and Sudan. (d) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. 201. (c) Inclusion of Made in China 2025 Products in Definition of Material Injury.--Paragraph (7)(F) of such section is amended by adding at the end the following: ``(iv) Treatment of certain chinese merchandise.--Notwithstanding any other provision of this title, if a petition filed under section 702(b) alleges that an industry in the United States is materially injured or threatened with material injury or that the establishment of an industry in the United States is materially retarded by reason of imports of merchandise manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative, the Commission shall determine that material injury or such a threat exists.''. 202. ``(2) Regulations.--The Secretary shall promulgate regulations to prevent the avoidance of the purposes of this subsection through the use of foreign entities.''. (b) Effective Date.--The amendments made by this section shall apply to income received after the date of the enactment of this Act. 203.

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. TITLE I--SAFEGUARDS AGAINST FOREIGN INFLUENCE IN UNITED STATES NATIONAL AND ECONOMIC SECURITY BY THE PEOPLE'S REPUBLIC OF CHINA Sec. Prohibition on export to People's Republic of China of national security sensitive technology and intellectual property. Taxation of obligations of the United States held by the Government of the People's Republic of China. TITLE I--SAFEGUARDS AGAINST FOREIGN INFLUENCE IN UNITED STATES NATIONAL AND ECONOMIC SECURITY BY THE PEOPLE'S REPUBLIC OF CHINA SEC. ESTABLISHMENT OF LIST OF CERTAIN PRODUCTS RECEIVING SUPPORT FROM GOVERNMENT OF PEOPLE'S REPUBLIC OF CHINA PURSUANT TO MADE IN CHINA 2025 POLICY. ( ``(a) In General.--Not later than 120 days after the date of the enactment of the Fair Trade with China Enforcement Act, and every year thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by the Trade Representative to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government. ``(b) Criteria for List.-- ``(1) In general.--The Trade Representative shall include in the list required by subsection (a) the following products: ``(A) Any product specified in the following documents set forth by the Government of the People's Republic of China: ``(i) Notice on Issuing Made in China 2025. ``(B) Any product receiving support from the Government of the People's Republic of China that has or will in the future displace net exports of like products by the United States, as determined by the Trade Representative. ``(2) Included products.--In addition to such products as the Trade Representative shall include pursuant to paragraph (1) in the list required by subsection (a), the Trade Representative shall include products in the following industries: ``(A) Civil aircraft. ``(F) Railway equipment. ``(K) Artificial intelligence. (2) National security sensitive technology or intellectual property.--The term ``national security sensitive technology or intellectual property'' includes the following: (A) Technology or intellectual property that would make a significant contribution to the military potential of the People's Republic of China that would prove detrimental to the national security of the United States. ( B) Technology or intellectual property necessary to protect the economy of the United States from the excessive drain of scarce materials and to reduce the serious inflationary impact of demand from the People's Republic of China. ( 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. a) Findings.--Congress makes the following findings: (1) In its 2011 ``Annual Report to Congress on Military and Security Developments Involving the People's Republic of China'', the Department of Defense stated, ``China's defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. (2) In a 2011 report titled ``The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector'', the United States China Economic and Security Review Commission stated that ``[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . Additionally, large Chinese companies--particularly those `national champions' prominent in China's `going out' strategy of overseas expansion--are directly subject to direction by the Chinese Communist Party, to include support for PRC state policies and goals.''. ( Examples include Chinese telecoms giant Huawei and such automotive companies as battery maker BYD and vehicle manufacturers Geely and Chery.''. ( 5) In the bipartisan ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. (8) The Federal Bureau of Investigation further stated in its February 2015 counterintelligence note that ``China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure''. ( 9) At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, ``In the Office of the Secretary of Defense, absolutely not. (b) Prohibition on Agency Use or Procurement.--The head of an agency may not procure or obtain, may not extend or renew a contract to procure or obtain, and may not enter into a contract (or extend or renew a contract) with an entity that uses, or contracts with any other entity that uses, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). (B) Telecommunications services provided by such entities or using such equipment. ( a) Policy.--It is the policy of the United States-- (1) to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan set forth by the Government of the People's Republic of China; and (2) to encourage allies of the United States to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan. ( REPEAL OF REDUCED WITHHOLDING RATES FOR RESIDENTS OF CHINA. ``(2) Regulations.--The Secretary shall promulgate regulations to prevent the avoidance of the purposes of this subsection through the use of foreign entities.''. ( TAXATION OF OBLIGATIONS OF THE UNITED STATES HELD BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. ( b) Central Bank.--Section 895 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Income'' and inserting the following: ``(a) In General.--Income''; and (2) by adding at the end the following new subsection: ``(b) Exception.--This section shall not apply to the any central bank of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. TITLE I--SAFEGUARDS AGAINST FOREIGN INFLUENCE IN UNITED STATES NATIONAL AND ECONOMIC SECURITY BY THE PEOPLE'S REPUBLIC OF CHINA Sec. Prohibition on export to People's Republic of China of national security sensitive technology and intellectual property. TITLE I--SAFEGUARDS AGAINST FOREIGN INFLUENCE IN UNITED STATES NATIONAL AND ECONOMIC SECURITY BY THE PEOPLE'S REPUBLIC OF CHINA SEC. ``(a) In General.--Not later than 120 days after the date of the enactment of the Fair Trade with China Enforcement Act, and every year thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by the Trade Representative to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government. ``(b) Criteria for List.-- ``(1) In general.--The Trade Representative shall include in the list required by subsection (a) the following products: ``(A) Any product specified in the following documents set forth by the Government of the People's Republic of China: ``(i) Notice on Issuing Made in China 2025. ``(iii) Notice on Issuing the 13th Five- year National Strategic Emerging Industries Development Plan. ``(B) Any product receiving support from the Government of the People's Republic of China that has or will in the future displace net exports of like products by the United States, as determined by the Trade Representative. ``(F) Railway equipment. ``(K) Artificial intelligence. (b) Definitions.--In this section: (1) Intellectual property.--The term ``intellectual property'' includes patents, copyrights, trademarks, or trade secrets. ( Section 13(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. (a) Findings.--Congress makes the following findings: (1) In its 2011 ``Annual Report to Congress on Military and Security Developments Involving the People's Republic of China'', the Department of Defense stated, ``China's defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. 2) In a 2011 report titled ``The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector'', the United States China Economic and Security Review Commission stated that ``[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . There is also a category of companies that, though claiming to be private, are subject to state influence. (5) In the bipartisan ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. 6) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had ``shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with''. ( (11) In March 2017, ZTE Corporation pled guilty to conspiring to violate the International Emergency Economic Powers Act by illegally shipping United States-origin items to Iran, paying the United States Government a penalty of $892,360,064 for activity between January 2010 and January 2016. ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( (C) Telecommunications equipment or services produced or provided by an entity that the head of the relevant agency reasonably believes to be an entity owned or controlled by, or otherwise connected to, the Government of the People's Republic of China. a) Policy.--It is the policy of the United States-- (1) to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan set forth by the Government of the People's Republic of China; and (2) to encourage allies of the United States to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan. ( REPEAL OF REDUCED WITHHOLDING RATES FOR RESIDENTS OF CHINA. ( ``(2) Regulations.--The Secretary shall promulgate regulations to prevent the avoidance of the purposes of this subsection through the use of foreign entities.''. ( (a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. ( b) Central Bank.--Section 895 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Income'' and inserting the following: ``(a) In General.--Income''; and (2) by adding at the end the following new subsection: ``(b) Exception.--This section shall not apply to the any central bank of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. TITLE I--SAFEGUARDS AGAINST FOREIGN INFLUENCE IN UNITED STATES NATIONAL AND ECONOMIC SECURITY BY THE PEOPLE'S REPUBLIC OF CHINA Sec. Prohibition on export to People's Republic of China of national security sensitive technology and intellectual property. TITLE I--SAFEGUARDS AGAINST FOREIGN INFLUENCE IN UNITED STATES NATIONAL AND ECONOMIC SECURITY BY THE PEOPLE'S REPUBLIC OF CHINA SEC. ``(a) In General.--Not later than 120 days after the date of the enactment of the Fair Trade with China Enforcement Act, and every year thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by the Trade Representative to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government. ``(b) Criteria for List.-- ``(1) In general.--The Trade Representative shall include in the list required by subsection (a) the following products: ``(A) Any product specified in the following documents set forth by the Government of the People's Republic of China: ``(i) Notice on Issuing Made in China 2025. ``(iii) Notice on Issuing the 13th Five- year National Strategic Emerging Industries Development Plan. ``(B) Any product receiving support from the Government of the People's Republic of China that has or will in the future displace net exports of like products by the United States, as determined by the Trade Representative. ``(F) Railway equipment. ``(K) Artificial intelligence. (b) Definitions.--In this section: (1) Intellectual property.--The term ``intellectual property'' includes patents, copyrights, trademarks, or trade secrets. ( Section 13(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. (a) Findings.--Congress makes the following findings: (1) In its 2011 ``Annual Report to Congress on Military and Security Developments Involving the People's Republic of China'', the Department of Defense stated, ``China's defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. 2) In a 2011 report titled ``The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector'', the United States China Economic and Security Review Commission stated that ``[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . There is also a category of companies that, though claiming to be private, are subject to state influence. (5) In the bipartisan ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. 6) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had ``shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with''. ( (11) In March 2017, ZTE Corporation pled guilty to conspiring to violate the International Emergency Economic Powers Act by illegally shipping United States-origin items to Iran, paying the United States Government a penalty of $892,360,064 for activity between January 2010 and January 2016. ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( (C) Telecommunications equipment or services produced or provided by an entity that the head of the relevant agency reasonably believes to be an entity owned or controlled by, or otherwise connected to, the Government of the People's Republic of China. a) Policy.--It is the policy of the United States-- (1) to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan set forth by the Government of the People's Republic of China; and (2) to encourage allies of the United States to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan. ( REPEAL OF REDUCED WITHHOLDING RATES FOR RESIDENTS OF CHINA. ( ``(2) Regulations.--The Secretary shall promulgate regulations to prevent the avoidance of the purposes of this subsection through the use of foreign entities.''. ( (a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. ( b) Central Bank.--Section 895 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Income'' and inserting the following: ``(a) In General.--Income''; and (2) by adding at the end the following new subsection: ``(b) Exception.--This section shall not apply to the any central bank of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. ``(a) In General.--Not later than 120 days after the date of the enactment of the Fair Trade with China Enforcement Act, and every year thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by the Trade Representative to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government. ``(b) Criteria for List.-- ``(1) In general.--The Trade Representative shall include in the list required by subsection (a) the following products: ``(A) Any product specified in the following documents set forth by the Government of the People's Republic of China: ``(i) Notice on Issuing Made in China 2025. 2) National security sensitive technology or intellectual property.--The term ``national security sensitive technology or intellectual property'' includes the following: (A) Technology or intellectual property that would make a significant contribution to the military potential of the People's Republic of China that would prove detrimental to the national security of the United States. ( ( 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. 2) In a 2011 report titled ``The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector'', the United States China Economic and Security Review Commission stated that ``[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . ( 5) In the bipartisan ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. ( 9) At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, ``In the Office of the Secretary of Defense, absolutely not. ( ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( a) Policy.--It is the policy of the United States-- (1) to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan set forth by the Government of the People's Republic of China; and (2) to encourage allies of the United States to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan. ( (a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. ( b) Central Bank.--Section 895 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Income'' and inserting the following: ``(a) In General.--Income''; and (2) by adding at the end the following new subsection: ``(b) Exception.--This section shall not apply to the any central bank of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. ``(iii) Notice on Issuing the 13th Five- year National Strategic Emerging Industries Development Plan. ``(B) Any product receiving support from the Government of the People's Republic of China that has or will in the future displace net exports of like products by the United States, as determined by the Trade Representative. 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. ( a) Findings.--Congress makes the following findings: (1) In its 2011 ``Annual Report to Congress on Military and Security Developments Involving the People's Republic of China'', the Department of Defense stated, ``China's defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( ( a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. ``(a) In General.--Not later than 120 days after the date of the enactment of the Fair Trade with China Enforcement Act, and every year thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by the Trade Representative to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government. ``(b) Criteria for List.-- ``(1) In general.--The Trade Representative shall include in the list required by subsection (a) the following products: ``(A) Any product specified in the following documents set forth by the Government of the People's Republic of China: ``(i) Notice on Issuing Made in China 2025. 2) National security sensitive technology or intellectual property.--The term ``national security sensitive technology or intellectual property'' includes the following: (A) Technology or intellectual property that would make a significant contribution to the military potential of the People's Republic of China that would prove detrimental to the national security of the United States. ( ( 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. 2) In a 2011 report titled ``The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector'', the United States China Economic and Security Review Commission stated that ``[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . ( 5) In the bipartisan ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. ( 9) At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, ``In the Office of the Secretary of Defense, absolutely not. ( ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( a) Policy.--It is the policy of the United States-- (1) to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan set forth by the Government of the People's Republic of China; and (2) to encourage allies of the United States to reduce the import of finished goods from the People's Republic of China relating to the Made in China 2025 plan. ( (a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. ( b) Central Bank.--Section 895 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Income'' and inserting the following: ``(a) In General.--Income''; and (2) by adding at the end the following new subsection: ``(b) Exception.--This section shall not apply to the any central bank of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. ``(iii) Notice on Issuing the 13th Five- year National Strategic Emerging Industries Development Plan. ``(B) Any product receiving support from the Government of the People's Republic of China that has or will in the future displace net exports of like products by the United States, as determined by the Trade Representative. 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. ( a) Findings.--Congress makes the following findings: (1) In its 2011 ``Annual Report to Congress on Military and Security Developments Involving the People's Republic of China'', the Department of Defense stated, ``China's defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( ( a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. ``(a) In General.--Not later than 120 days after the date of the enactment of the Fair Trade with China Enforcement Act, and every year thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by the Trade Representative to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government. ( ( 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. 5) In the bipartisan ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. ( ( ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. ``(iii) Notice on Issuing the 13th Five- year National Strategic Emerging Industries Development Plan. ``(B) Any product receiving support from the Government of the People's Republic of China that has or will in the future displace net exports of like products by the United States, as determined by the Trade Representative. 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. ( a) Findings.--Congress makes the following findings: (1) In its 2011 ``Annual Report to Congress on Military and Security Developments Involving the People's Republic of China'', the Department of Defense stated, ``China's defense industry has benefited from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( ( a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. (

To safeguard certain technology and intellectual property in the United States from export to or influence by the People's Republic of China and to protect United States industry from unfair competition by the People's Republic of China, and for other purposes. ``(a) In General.--Not later than 120 days after the date of the enactment of the Fair Trade with China Enforcement Act, and every year thereafter, the United States Trade Representative shall set forth a list of products manufactured or produced in, or exported from, the People's Republic of China that are determined by the Trade Representative to receive support from the Government of the People's Republic of China pursuant to the Made in China 2025 industrial policy of that Government. ( ( 78m(d)) is amended by adding at the end the following: ``(7)(A) In this paragraph, the term `covered issuer' means any issuer that produces components that may be used in the production of goods manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under section 183 of the Trade Act of 1974, determined in consultation with the United States Trade Representative. 5) In the bipartisan ``Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE'' released in 2012 by the Permanent Select Committee on Intelligence of the House of Representatives, it was recommended that ``U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. ( ( ( 2) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following: (A) Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any other Chinese telecom entity identified by the Director of National Intelligence, the Secretary of Defense, or the Director of the Federal Bureau of Investigation as a security concern (or any subsidiary or affiliate of any such entity). ( a) In General.--Section 892 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exception.--This section shall not apply to the Government of the People's Republic of China.''. (

Fair Trade with China Enforcement Act - Expresses the sense of Congress that: (1) since joining the World Trade Organization in 2001, the People's Republic of China has offered the United States a contradictory bargain, which promised openness in the global trade order, but through state mercantilism delivered a severely imbalanced trading relationship; (2) it was erroneous for the United Amends the Trade Act of 1974 to prohibit the export to the People's Republic of China of any national security sensitive technology or intellectual property. (Sec. 102) Amends the Securities Exchange Act of 1934 to impose a shareholder cap on Chinese investment in U.S. corporations. (SEC. 104) Amend the Trade Promotion Act of 1961 to prohibit a person from acquiring a This bill prohibits the head of an agency from procuring or obtaining, extending or renewing a contract to procure or obtain, and entering into a contract with an entity that uses, or contracts with any other entity that use, any equipment, system, or service that uses Huawei or ZTE telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part Amends the Trade Act of 1974 to: (1) provide that if a person presents evidence in a petition that merchandise covered by the petition is manufactured or produced in, or exported from, the People's Republic of China and included in the most recent list required under the Act, the administrating authority shall determine that a countervailable subsidy is being provided with respect to that merchandise;

H.R.6437

Energy

Heating and Cooling Relief Act This bill provides additional energy assistance to households, including heating and cooling assistance. Specifically, the bill reauthorizes through FY2031 and revises the Low Income Home Energy Assistance Program. Under the existing program, the Department of Health and Human Services (HHS) may award grants to states for assisting low-income households that pay a high proportion of their income for home energy. To be eligible under the existing program, households must have incomes which do not exceed the greater of an amount equal to 150% of the poverty level for their state or an amount equal to 60% of the state median income. The bill expands eligibility to households with incomes which do not exceed the greater of an amount equal to 250% of the poverty line as defined in the Community Services Block Grant Act or an amount equal to 80% of the state median income. In addition, the bill expands eligibility to households with a monthly energy burden of 3% or more per year. It also requires states to establish procedures to protect households receiving assistance under the program from energy shutoffs and certain late fees. In addition, the bill requires HHS and the Department of Energy to jointly carry out a program that awards grants to states and local governments for developing and implementing interagency plans to reduce energy burdens for eligible households with high home energy use. The plans must promote the reduction of energy from fossil fuels.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Heating and Cooling Relief Act''. SEC. 2. FINDINGS. Congress finds that: (1) Energy remains unaffordable for low-income households. Nationally, low-income households spend a larger portion of their income on home energy costs than other households. The average low-income household's energy burden is 3 times that of other households. The report for the Household Pulse Survey of the Bureau of the Census, issued on December 22, 2021, noted that, for families with incomes of less than $35,000 a year, about 51 percent said that they reduced or went without basic household necessities, such as medicine or food, in order to pay an energy bill, for at least one month in the last year. (2) The Low-Income Housing Energy Assistance Program was authorized by Congress to reduce home energy burdens with heating and cooling assistance. In 2019, only 16 percent of income-eligible households received a subsidy under the program. (3) Climate change is fueling increasingly intense winter storms and extreme temperatures. (4) Heat waves are increasingly common as climate change accelerates, and now occur more often in major cities across the United States. The average heat wave season across 50 cities is approximately 47 days longer now than it was in the 1960s. As a result, the Federal Government should provide further cooling assistance for communities in need. (5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. In some housing contexts, loss of home energy service is a grounds for eviction. (6) The Federal Government should expand and update the Low-Income Home Energy Assistance Program, as part of a robust Federal social safety net, to-- (A) protect families against unaffordable home energy bills and home energy shutoffs, by providing sufficient funding and imposing regulations where necessary; (B) ensure all low- and moderate-income families have access to affordable home cooling powered by renewable energy, which will enable households to adapt to rising temperatures due to climate change and promote climate resiliency; (C) enhance outreach-- (i) by including nontraditional partners, including home energy suppliers, local educational agencies, and entities carrying out other programs for low-income people, to assist with signups; and (ii) by adding stronger provisions for presumed eligibility and waiving documentation requirements for eligibility; and (D) further Federal efforts to weatherize housing for low- and moderate-income households, to help families struggling to pay their home energy bills and to meet national clean energy goals. SEC. 3. FUNDING. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) is amended-- (1) in subsection (b)-- (A) by striking ``section 2607A)'' and inserting ``section 2604(f), 2607A, 2607B, or 2607C)''; and (B) by striking ``$2,000,000,000'' and all that follows and inserting ``$400,000,000,000 for the period of fiscal years 2022 through 2031.''; (2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. ``(g) There is authorized to be appropriated to carry out section 2607C, including making grants under that section, $1,000,000,000 for each of fiscal years 2022 through 2031.''. SEC. 4. DEFINITIONS. Section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622) is amended-- (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: ``(4) The term `HEAP coordinator' means an employee-- ``(A) who administers a program funded under section 2602(b); and ``(B) whose salary is paid, partly or wholly, with funds made available under that section.''; (3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency.''; and (4) by inserting after paragraph (12), as so redesignated, the following: ``(13) The term `State agency' means any State agency that administers the program funded under section 2602(b).''. SEC. 5. EMERGENCIES. Section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)) is amended-- (1) by striking ``(e)'' and inserting ``(e)(1)''; and (2) by adding at the end the following: ``(2)(A) In this paragraph: ``(i) The term `covered household' means an eligible household in an area where the President, or the Secretary, as the case may be, has declared a major disaster or emergency. ``(ii) The term `major disaster or emergency' means-- ``(I) a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191); or ``(II) a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d). ``(B) Upon a declaration described in subparagraph (A) for an area, the Secretary and the Administrator of the Federal Emergency Management Agency shall, to the extent practicable, provide heating or cooling assistance to covered households in that area. ``(C) In particular, in the event of a major disaster or other emergency due to a period of extreme heat (as described in section 2604(f)(1)) or cold in an area, the Secretary and the Administrator shall, to the extent practicable, provide cooling or heating assistance to covered households in that area.''. SEC. 6. ADDITIONAL COOLING ASSISTANCE FOR HEAT WAVES. Section 2604 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623) is amended by adding at the end the following: ``(f)(1) In this subsection: ``(A) The term `additional cooling assistance' means cooling assistance provided under this subsection. ``(B) The term `extreme heat' means heat that exceeds local climatological norms in terms of any 1 or more of the following: ``(i) Duration. ``(ii) Intensity. ``(iii) Season length. ``(iv) Frequency. ``(C) The term `heat' means any 1 or more of the parameters associated with increasing human temperature, such as air temperature, humidity, solar exposure, and low wind speed. ``(D) The term `heat event' means an occurrence of extreme heat that may have heat-health implications. ``(E) The term `heat-health' means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. ``(2) From funds made available under section 2602(f), the Secretary may provide grants to eligible entities, which shall be States, territories, or Indian Tribes, for additional cooling assistance for heat events. ``(3) The Secretary shall determine an allocation plan for providing eligible entities with funding through the grants to help eligible households respond to heat events. ``(4) To receive assistance under this subsection, an eligible entity shall provide assurances to the Secretary that-- ``(A) the eligible entity will not preclude a household that receives heating assistance under this title during a calendar year, on the basis of obtaining that assistance, from receiving cooling assistance under this title during that year; and ``(B) the eligible entity will not require a household to indicate that a household member has a medical need for cooling assistance under this title, to be eligible for that assistance. ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. SEC. 7. ELIGIBLE HOUSEHOLDS. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended-- (1) in subsection (b)(2)-- (A) in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(1)(A),'' after ``only''; (B) in subparagraph (B), by striking ``(B)'' and all that follows through clause (ii) and inserting the following: ``(B) households with-- ``(i) incomes which do not exceed the greater of-- ``(I) an amount equal to 250 percent of the poverty line that is defined and revised as described in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902); or ``(II) an amount equal to 80 percent of the State median income; or ``(ii) a monthly energy burden of 3 percent or more, as averaged across the calendar year preceding the determination under this paragraph,''; and (C) in the matter following subparagraph (B), by inserting before the semicolon the following: ``, and the State may not exclude a household from eligibility on the basis of citizenship of 1 or more of the household members''; (2) in subsection (c)(1)(A), by striking ``assistance to be provided under this title, including criteria'' and inserting ``assistance to be provided under this title, including-- ``(i) certifying that the State and local coordinating agencies in the State-- ``(I) will allow applicants for the assistance, to the greatest extent possible, to self-attest that the applicants meet the criteria in this title for an eligible household; and ``(II) will not require the applicants to submit proof of income, citizenship, or need, to establish status as an eligible household; and ``(ii) describing criteria''; (3) in subsection (f), by adding at the end the following: ``(3) For purposes of section 401(c), and the remainder of title IV, of the Personal Responsibility and Work Opportunity Reconciliation of 1996 (8 U.S.C. 1611(a), 1601 et seq.) assistance under this title should not be considered to be a Federal public benefit.''; and (4) in subsection (j), by striking ``the State may apply'' and inserting ``the State may, subject to subsection (c)(1)(A)(i), apply''. SEC. 8. CONDITIONS FOR FUNDING. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(C), by inserting before the semicolon the following: ``, using toxin-free materials that do not contain asthmagens or respiratory sensitizers, giving priority in the use of those funds, to the greatest extent practicable, to supporting emergency home repairs that foster energy efficiency, decarbonization, and climate resilience, including through beneficial electrification of heating and cooling''; (B) in paragraph (7)-- (i) in subparagraph (C), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(E) ensure that-- ``(i) the home energy supplier will not charge late fees for any payment, by a household receiving assistance through the program funded under section 2602(b), during the period beginning 6 months before and ending 6 months after a date on which the supplier receives funds through the program for the household; and ``(ii) if the supplier receives funds through the program for such a household and charged such late fees during that period, the supplier shall refund the fees to the household not later than 7 days after the date the supplier receives the funds; ``(F) ensure that the home energy supplier will not shut off home energy from a household that received assistance through the program funded under section 2602(b), within the 1-year period beginning on the date the household received the assistance; ``(G) ensure that the home energy supplier, in return for receiving assistance through the program funded under section 2602(b)-- ``(i) will provide to the State data on households that have not paid their home energy bills, to enable the State and the supplier to carry out coordinated outreach concerning assistance available through the program funded under section 2602(b); and ``(ii) will, when sending a notice of late payments to such households, include information on such assistance, on how to access such assistance through the HEAP program, and on eligibility criteria for the program; and ``(H) ensure that the home energy supplier will, not later than 2 years after the date of enactment of the Heating and Cooling Relief Act, in return for receiving assistance under the program funded under section 2602(b) and through a partnership with the State, offer percentage of income payment plans;''; and (C) in paragraph (9)-- (i) in subparagraph (A)-- (I) by striking ``10 percent'' and inserting ``15 percent''; and (II) by striking ``and'' at the end; and (ii) by adding at the end the following: ``(C) in planning and administering that program, the State shall use the portion of the amount described in subparagraph (A), that exceeds 10 percent of the funds described in subparagraph (A), to expand the State program funded under section 2602(b) so that the State operates the program on a year-round basis; and ``(D) in planning and administering that program, the State-- ``(i) shall make technological changes to allow, not later than 5 years after the date of enactment of the Heating and Cooling Relief Act, for online submission of applications for assistance through that program; and ``(ii) shall, to the extent practicable-- ``(I) conduct outreach activities, including activities to increase enrollment as described in subsection (m); ``(II) ensure that all HEAP coordinators in the State receive wages, for administration funded under section 2602(b), at not less than the greater of $15 per hour or the applicable Federal, State, or local minimum wage rate; ``(III) conduct training; ``(IV) as needed, conduct outreach relating to the program funded under section 2602(b) to rural electric cooperatives, home energy suppliers owned by a political subdivision of a State, such as a municipally owned electric utility, and home energy suppliers owned by any agency, authority, corporation, or instrumentality of a political subdivision of a State; and ``(V) explore opportunities for auto-enrollment of eligible households into the program funded under section 2602(b), and in the process document any potential barriers to auto- enrollment that need to be clarified or otherwise addressed at the Federal level;''; (2) in subsection (c)(1)-- (A) in subparagraph (G), by striking ``and'' at the end; (B) by redesignating subparagraph (H) as subparagraph (I); and (C) by inserting after subparagraph (G) the following: ``(H) describes how the State will expand the State program funded under section 2602(b) so that the State operates the program on a year-round basis in accordance with subsection (b)(9)(C) and the measures the State has taken so far to carry out this expansion; and''; and (3) by adding at the end the following: ``(m) The Secretary shall allow, to the greatest extent possible, the self-attestation, and shall not require the proof, described in subsection (c)(1)(A)(i). ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(o) The Secretary shall provide technical assistance to States to support partnerships described in subsection (b)(7)(H). ``(p)(1) The Secretary, in consultation with the Secretary of Education, shall issue guidance for use of funds for administrative activities described in subsection (b)(9) to increase, through partnerships with elementary schools, secondary schools, and local educational agencies, enrollment in the program carried out with funds made available under section 2602(b) among eligible households that include children and that have high energy burdens. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. SEC. 9. WEATHERIZATION. Section 2605(k) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(k)) is amended-- (1) in paragraph (1), by striking ``15 percent'' and inserting ``25 percent''; and (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i)-- (i) by striking ``subparagraph (B)'' and inserting ``subparagraph (C)''; and (ii) by striking ``the greater of 25 percent'' and inserting ``a portion equal to the greater of 35 percent''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) The State-- ``(i) shall, to the extent practicable-- ``(I) use the portion described in subparagraph (A) for energy-related home repair that reduces dependence on fossil fuel energy sources; and ``(II) use the portion to facilitate the use of funds made available under section 2602(b) to increase the participation of eligible households in community solar programs, or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households; and ``(ii) shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology, powered by renewable energy.''. SEC. 10. HOME ENERGY ARREARS. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624), as amended by section 8, is further amended by adding at the end the following: ``(q)(1) In providing assistance through the program funded under section 2602(b), a State, or any other person with which the State makes arrangements to carry out the objectives of this title, shall provide assistance (in addition to any other assistance available) for home energy arrears for any eligible household. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. ``(3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly-- ``(A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and ``(B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households.''. SEC. 11. PROGRAM NAME CHANGE. (a) LIHEAP.--The Low-Income Home Energy Assistance Act of 1981 is amended-- (1) in section 2607A(b) (42 U.S.C. 8626a(b)), in the matter preceding paragraph (1), by striking ``low-income''; and (2) in section 2607B(e)(2)(B)(ii) (42 U.S.C.8626b(e)(2)(B)(ii)), by striking ``Low-Income''. (b) Other Law.--A reference in any other Federal law (other than that Act), Executive order, rule, regulation, or delegation of authority, or any document, of or relating to the Low-Income Home Energy Assistance Program, shall be deemed to refer to the Home Energy Assistance Program. SEC. 12. JUST TRANSITION GRANTS. The Low-Income Home Energy Assistance Act of 1981 is amended by inserting after section 2607B (42 U.S.C. 8626b) the following: ``SEC. 2607C. HEAP JUST TRANSITION GRANTS. ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. In carrying out the program, the Secretaries shall make grants to States and local governments to support the development and implementation of interagency plans to reduce energy burdens for eligible households with high home energy use. The plans shall promote the reduction of those burdens in a manner that supports a just transition away from fossil fuel energy and protects eligible households from the threats of climate change. The Secretaries shall make the grants for a period of 3 years. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use. ``(c) Report to Congress.--At the conclusion of the 3-year grant period, the Secretaries shall-- ``(1) conduct an evaluation of the program's outcomes; and ``(2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations.''. <all>

Heating and Cooling Relief Act

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes.

Heating and Cooling Relief Act

Rep. Bowman, Jamaal

D

NY

This bill provides additional energy assistance to households, including heating and cooling assistance. Specifically, the bill reauthorizes through FY2031 and revises the Low Income Home Energy Assistance Program. Under the existing program, the Department of Health and Human Services (HHS) may award grants to states for assisting low-income households that pay a high proportion of their income for home energy. To be eligible under the existing program, households must have incomes which do not exceed the greater of an amount equal to 150% of the poverty level for their state or an amount equal to 60% of the state median income. The bill expands eligibility to households with incomes which do not exceed the greater of an amount equal to 250% of the poverty line as defined in the Community Services Block Grant Act or an amount equal to 80% of the state median income. In addition, the bill expands eligibility to households with a monthly energy burden of 3% or more per year. It also requires states to establish procedures to protect households receiving assistance under the program from energy shutoffs and certain late fees. In addition, the bill requires HHS and the Department of Energy to jointly carry out a program that awards grants to states and local governments for developing and implementing interagency plans to reduce energy burdens for eligible households with high home energy use. The plans must promote the reduction of energy from fossil fuels.

SHORT TITLE. 2. (3) Climate change is fueling increasingly intense winter storms and extreme temperatures. As a result, the Federal Government should provide further cooling assistance for communities in need. (5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. 3. FUNDING. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ''; (2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. 5. EMERGENCIES. 6. ``(B) The term `extreme heat' means heat that exceeds local climatological norms in terms of any 1 or more of the following: ``(i) Duration. ``(ii) Intensity. ``(iii) Season length. ``(iv) Frequency. 7. ELIGIBLE HOUSEHOLDS. ''; and (4) in subsection (j), by striking ``the State may apply'' and inserting ``the State may, subject to subsection (c)(1)(A)(i), apply''. 8. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. 9. WEATHERIZATION. 8624(k)) is amended-- (1) in paragraph (1), by striking ``15 percent'' and inserting ``25 percent''; and (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i)-- (i) by striking ``subparagraph (B)'' and inserting ``subparagraph (C)''; and (ii) by striking ``the greater of 25 percent'' and inserting ``a portion equal to the greater of 35 percent''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) The State-- ``(i) shall, to the extent practicable-- ``(I) use the portion described in subparagraph (A) for energy-related home repair that reduces dependence on fossil fuel energy sources; and ``(II) use the portion to facilitate the use of funds made available under section 2602(b) to increase the participation of eligible households in community solar programs, or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households; and ``(ii) shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology, powered by renewable energy.''. 10. HOME ENERGY ARREARS. 11. PROGRAM NAME CHANGE. SEC. 12. 2607C. HEAP JUST TRANSITION GRANTS. ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section.

SHORT TITLE. 2. As a result, the Federal Government should provide further cooling assistance for communities in need. 3. FUNDING. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ''; (2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. 5. EMERGENCIES. 6. ``(B) The term `extreme heat' means heat that exceeds local climatological norms in terms of any 1 or more of the following: ``(i) Duration. ``(ii) Intensity. 7. ELIGIBLE HOUSEHOLDS. ''; and (4) in subsection (j), by striking ``the State may apply'' and inserting ``the State may, subject to subsection (c)(1)(A)(i), apply''. 8. 9. 8624(k)) is amended-- (1) in paragraph (1), by striking ``15 percent'' and inserting ``25 percent''; and (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i)-- (i) by striking ``subparagraph (B)'' and inserting ``subparagraph (C)''; and (ii) by striking ``the greater of 25 percent'' and inserting ``a portion equal to the greater of 35 percent''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) The State-- ``(i) shall, to the extent practicable-- ``(I) use the portion described in subparagraph (A) for energy-related home repair that reduces dependence on fossil fuel energy sources; and ``(II) use the portion to facilitate the use of funds made available under section 2602(b) to increase the participation of eligible households in community solar programs, or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households; and ``(ii) shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology, powered by renewable energy.''. HOME ENERGY ARREARS. SEC. ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section.

SHORT TITLE. 2. FINDINGS. (3) Climate change is fueling increasingly intense winter storms and extreme temperatures. The average heat wave season across 50 cities is approximately 47 days longer now than it was in the 1960s. As a result, the Federal Government should provide further cooling assistance for communities in need. (5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. 3. FUNDING. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ''; (2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. DEFINITIONS. ''; and (4) by inserting after paragraph (12), as so redesignated, the following: ``(13) The term `State agency' means any State agency that administers the program funded under section 2602(b).''. 5. EMERGENCIES. 247d). 6. ``(B) The term `extreme heat' means heat that exceeds local climatological norms in terms of any 1 or more of the following: ``(i) Duration. ``(ii) Intensity. ``(iii) Season length. ``(iv) Frequency. ``(E) The term `heat-health' means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. ``(3) The Secretary shall determine an allocation plan for providing eligible entities with funding through the grants to help eligible households respond to heat events. 7. ELIGIBLE HOUSEHOLDS. 1611(a), 1601 et seq.) ''; and (4) in subsection (j), by striking ``the State may apply'' and inserting ``the State may, subject to subsection (c)(1)(A)(i), apply''. 8. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. 9. WEATHERIZATION. 8624(k)) is amended-- (1) in paragraph (1), by striking ``15 percent'' and inserting ``25 percent''; and (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i)-- (i) by striking ``subparagraph (B)'' and inserting ``subparagraph (C)''; and (ii) by striking ``the greater of 25 percent'' and inserting ``a portion equal to the greater of 35 percent''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) The State-- ``(i) shall, to the extent practicable-- ``(I) use the portion described in subparagraph (A) for energy-related home repair that reduces dependence on fossil fuel energy sources; and ``(II) use the portion to facilitate the use of funds made available under section 2602(b) to increase the participation of eligible households in community solar programs, or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households; and ``(ii) shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology, powered by renewable energy.''. 10. HOME ENERGY ARREARS. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. 11. PROGRAM NAME CHANGE. SEC. 12. 2607C. HEAP JUST TRANSITION GRANTS. ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. ``(c) Report to Congress.--At the conclusion of the 3-year grant period, the Secretaries shall-- ``(1) conduct an evaluation of the program's outcomes; and ``(2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. The report for the Household Pulse Survey of the Bureau of the Census, issued on December 22, 2021, noted that, for families with incomes of less than $35,000 a year, about 51 percent said that they reduced or went without basic household necessities, such as medicine or food, in order to pay an energy bill, for at least one month in the last year. (3) Climate change is fueling increasingly intense winter storms and extreme temperatures. The average heat wave season across 50 cities is approximately 47 days longer now than it was in the 1960s. As a result, the Federal Government should provide further cooling assistance for communities in need. (5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. In some housing contexts, loss of home energy service is a grounds for eviction. 3. FUNDING. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ''; (2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. DEFINITIONS. ''; and (4) by inserting after paragraph (12), as so redesignated, the following: ``(13) The term `State agency' means any State agency that administers the program funded under section 2602(b).''. 5. EMERGENCIES. 5170, 5191); or ``(II) a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d). ``(B) Upon a declaration described in subparagraph (A) for an area, the Secretary and the Administrator of the Federal Emergency Management Agency shall, to the extent practicable, provide heating or cooling assistance to covered households in that area. 6. ADDITIONAL COOLING ASSISTANCE FOR HEAT WAVES. ``(B) The term `extreme heat' means heat that exceeds local climatological norms in terms of any 1 or more of the following: ``(i) Duration. ``(ii) Intensity. ``(iii) Season length. ``(iv) Frequency. ``(E) The term `heat-health' means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. ``(3) The Secretary shall determine an allocation plan for providing eligible entities with funding through the grants to help eligible households respond to heat events. 7. ELIGIBLE HOUSEHOLDS. 1611(a), 1601 et seq.) ''; and (4) in subsection (j), by striking ``the State may apply'' and inserting ``the State may, subject to subsection (c)(1)(A)(i), apply''. 8. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. 9. WEATHERIZATION. 8624(k)) is amended-- (1) in paragraph (1), by striking ``15 percent'' and inserting ``25 percent''; and (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i)-- (i) by striking ``subparagraph (B)'' and inserting ``subparagraph (C)''; and (ii) by striking ``the greater of 25 percent'' and inserting ``a portion equal to the greater of 35 percent''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) The State-- ``(i) shall, to the extent practicable-- ``(I) use the portion described in subparagraph (A) for energy-related home repair that reduces dependence on fossil fuel energy sources; and ``(II) use the portion to facilitate the use of funds made available under section 2602(b) to increase the participation of eligible households in community solar programs, or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households; and ``(ii) shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology, powered by renewable energy.''. 10. HOME ENERGY ARREARS. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. 11. PROGRAM NAME CHANGE. SEC. 12. 2607C. HEAP JUST TRANSITION GRANTS. ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. ``(c) Report to Congress.--At the conclusion of the 3-year grant period, the Secretaries shall-- ``(1) conduct an evaluation of the program's outcomes; and ``(2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations.''.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. The report for the Household Pulse Survey of the Bureau of the Census, issued on December 22, 2021, noted that, for families with incomes of less than $35,000 a year, about 51 percent said that they reduced or went without basic household necessities, such as medicine or food, in order to pay an energy bill, for at least one month in the last year. ( 3) Climate change is fueling increasingly intense winter storms and extreme temperatures. ( The average heat wave season across 50 cities is approximately 47 days longer now than it was in the 1960s. 5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. 8621) is amended-- (1) in subsection (b)-- (A) by striking ``section 2607A)'' and inserting ``section 2604(f), 2607A, 2607B, or 2607C)''; and (B) by striking ``$2,000,000,000'' and all that follows and inserting ``$400,000,000,000 for the period of fiscal years 2022 through 2031. ''; ( 2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. ''; (3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ''; Section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)) is amended-- (1) by striking ``(e)'' and inserting ``(e)(1)''; and (2) by adding at the end the following: ``(2)(A) In this paragraph: ``(i) The term `covered household' means an eligible household in an area where the President, or the Secretary, as the case may be, has declared a major disaster or emergency. ``(C) In particular, in the event of a major disaster or other emergency due to a period of extreme heat (as described in section 2604(f)(1)) or cold in an area, the Secretary and the Administrator shall, to the extent practicable, provide cooling or heating assistance to covered households in that area.''. Section 2604 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623) is amended by adding at the end the following: ``(f)(1) In this subsection: ``(A) The term `additional cooling assistance' means cooling assistance provided under this subsection. ``(3) The Secretary shall determine an allocation plan for providing eligible entities with funding through the grants to help eligible households respond to heat events. ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. 8624) is amended-- (1) in subsection (b)(2)-- (A) in the matter preceding subparagraph (A), by inserting ``, subject to subsection (c)(1)(A),'' after ``only''; (B) in subparagraph (B), by striking ``(B)'' and all that follows through clause (ii) and inserting the following: ``(B) households with-- ``(i) incomes which do not exceed the greater of-- ``(I) an amount equal to 250 percent of the poverty line that is defined and revised as described in section 673 of the Community Services Block Grant Act (42 U.S.C. assistance under this title should not be considered to be a Federal public benefit. ''; and (4) in subsection (j), by striking ``the State may apply'' and inserting ``the State may, subject to subsection (c)(1)(A)(i), apply''. CONDITIONS FOR FUNDING. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624), as amended by section 8, is further amended by adding at the end the following: ``(q)(1) In providing assistance through the program funded under section 2602(b), a State, or any other person with which the State makes arrangements to carry out the objectives of this title, shall provide assistance (in addition to any other assistance available) for home energy arrears for any eligible household. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. 8626a(b)), in the matter preceding paragraph (1), by striking ``low-income''; and (2) in section 2607B(e)(2)(B)(ii) (42 U.S.C.8626b(e)(2)(B)(ii)), by striking ``Low-Income''. ( ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use. ``(c) Report to Congress.--At the conclusion of the 3-year grant period, the Secretaries shall-- ``(1) conduct an evaluation of the program's outcomes; and ``(2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations.''.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 3) Climate change is fueling increasingly intense winter storms and extreme temperatures. ( 5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) is amended-- (1) in subsection (b)-- (A) by striking ``section 2607A)'' and inserting ``section 2604(f), 2607A, 2607B, or 2607C)''; and (B) by striking ``$2,000,000,000'' and all that follows and inserting ``$400,000,000,000 for the period of fiscal years 2022 through 2031. ''; ( 2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. 8622) is amended-- (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: ``(4) The term `HEAP coordinator' means an employee-- ``(A) who administers a program funded under section 2602(b); and ``(B) whose salary is paid, partly or wholly, with funds made available under that section. ''; ( 3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ''; ADDITIONAL COOLING ASSISTANCE FOR HEAT WAVES. ``(D) The term `heat event' means an occurrence of extreme heat that may have heat-health implications. ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. assistance under this title should not be considered to be a Federal public benefit. ''; Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624), as amended by section 8, is further amended by adding at the end the following: ``(q)(1) In providing assistance through the program funded under section 2602(b), a State, or any other person with which the State makes arrangements to carry out the objectives of this title, shall provide assistance (in addition to any other assistance available) for home energy arrears for any eligible household. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. ``(3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly-- ``(A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and ``(B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households.''. JUST TRANSITION GRANTS. ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use. ``(c) Report to Congress.--At the conclusion of the 3-year grant period, the Secretaries shall-- ``(1) conduct an evaluation of the program's outcomes; and ``(2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations.''.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 3) Climate change is fueling increasingly intense winter storms and extreme temperatures. ( 5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) is amended-- (1) in subsection (b)-- (A) by striking ``section 2607A)'' and inserting ``section 2604(f), 2607A, 2607B, or 2607C)''; and (B) by striking ``$2,000,000,000'' and all that follows and inserting ``$400,000,000,000 for the period of fiscal years 2022 through 2031. ''; ( 2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. 8622) is amended-- (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: ``(4) The term `HEAP coordinator' means an employee-- ``(A) who administers a program funded under section 2602(b); and ``(B) whose salary is paid, partly or wholly, with funds made available under that section. ''; ( 3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ''; ADDITIONAL COOLING ASSISTANCE FOR HEAT WAVES. ``(D) The term `heat event' means an occurrence of extreme heat that may have heat-health implications. ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. assistance under this title should not be considered to be a Federal public benefit. ''; Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624), as amended by section 8, is further amended by adding at the end the following: ``(q)(1) In providing assistance through the program funded under section 2602(b), a State, or any other person with which the State makes arrangements to carry out the objectives of this title, shall provide assistance (in addition to any other assistance available) for home energy arrears for any eligible household. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. ``(3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly-- ``(A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and ``(B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households.''. JUST TRANSITION GRANTS. ``(a) Grant Program.--The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use. ``(c) Report to Congress.--At the conclusion of the 3-year grant period, the Secretaries shall-- ``(1) conduct an evaluation of the program's outcomes; and ``(2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations.''.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. ''; ( 2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. ''; ( 3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ''; Section 2604 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623) is amended by adding at the end the following: ``(f)(1) In this subsection: ``(A) The term `additional cooling assistance' means cooling assistance provided under this subsection. ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 8622) is amended-- (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: ``(4) The term `HEAP coordinator' means an employee-- ``(A) who administers a program funded under section 2602(b); and ``(B) whose salary is paid, partly or wholly, with funds made available under that section. ''; ( ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly-- ``(A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and ``(B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households.''. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. ''; ( 2) in subsection (e), by inserting ``, or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A)'' before the period at the end; and (3) by adding at the end the following: ``(f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2022 through 2031. ''; ( 3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ''; Section 2604 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623) is amended by adding at the end the following: ``(f)(1) In this subsection: ``(A) The term `additional cooling assistance' means cooling assistance provided under this subsection. ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device.''. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 8622) is amended-- (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: ``(4) The term `HEAP coordinator' means an employee-- ``(A) who administers a program funded under section 2602(b); and ``(B) whose salary is paid, partly or wholly, with funds made available under that section. ''; ( ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly-- ``(A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and ``(B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households.''. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ''; ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 8622) is amended-- (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: ``(4) The term `HEAP coordinator' means an employee-- ``(A) who administers a program funded under section 2602(b); and ``(B) whose salary is paid, partly or wholly, with funds made available under that section. ''; ( ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. ``(n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. ``(3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly-- ``(A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and ``(B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households.''. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use.

To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes. 3) by inserting after paragraph (7), as so redesignated, the following: ``(8) The term `local coordinating agency' means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ''; ``(5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households.''. ``(2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. ``(b) Preferences.--In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems-- ``(1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; and ``(2) prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use.

Heating and Cooling Relief Act This bill amends the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance for low-income households. The Department of Housing and Urban Development (HUD) is authorized to make grants to states and local governments to carry out the program. The bill also authorizes appropriations for FY2022-FY Amends the Low-Income Home Energy Assistance Act of 1981 to direct the Secretary of Housing and Urban Development (HUD) and the Administrator of the Environmental Protection Agency (EPA) to provide cooling or heating assistance to covered households in an area in the event of a major disaster or other emergency due to a period of extreme heat or cold in such area. Authorizes the Secretary to provide Amends the Heating and Cooling Relief Act to require the Secretary of Energy to: (1) ensure that the home energy supplier will not charge late fees for any payment, by a household receiving assistance through the HEAP program, during the period beginning six months before and ending six months after the supplier receives funds through the program for the household; and (2) if the supplier Amends the Low-Income Home Energy Assistance Act of 1981 to require a state, or any other person with which the state makes arrangements to carry out the objectives of such Act, to provide assistance (in addition to any other assistance available) for home energy arrears for any eligible household. Requires the state to: (1) use such assistance to reduce dependence on fossil fuel

H.R.1080

Crime and Law Enforcement

Pain-Capable Unborn Child Protection Act This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain-Capable Unborn Child Protection Act''. SEC. 2. LEGISLATIVE FINDINGS AND DECLARATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT. Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks after fertilization. (2) By 8 weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling. (3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response. (4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. In the United States, surgery of this type is being performed by 20 weeks after fertilization and earlier in specialized units affiliated with children's hospitals. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain. (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain. (8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. (10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. (11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. (13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other. (14) Congress has authority to extend protection to pain- capable unborn children under the Supreme Court's Commerce Clause precedents and under the Constitution's grants of powers to Congress under the Equal Protection, Due Process, and Enforcement Clauses of the Fourteenth Amendment. SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. (a) In General.--Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``SEC. 1532. PAIN-CAPABLE UNBORN CHILD PROTECTION. ``(a) Unlawful Conduct.--Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). ``(b) Requirements for Abortions.-- ``(1) Assessment of the age of the unborn child.--The physician performing or attempting the abortion shall first make a determination of the probable post-fertilization age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post- fertilization age. ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(B) Exceptions.--Subparagraph (A) does not apply if-- ``(i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; ``(ii) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion-- ``(I) she has obtained counseling for the rape; or ``(II) she has obtained medical treatment for the rape or an injury related to the rape; or ``(iii) the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either-- ``(I) a government agency legally authorized to act on reports of child abuse; or ``(II) a law enforcement agency. ``(C) Requirement as to manner of procedure performed.--Notwithstanding the definitions of `abortion' and `attempt an abortion' in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(E) Children born alive after attempted abortions.--When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: ``(i) Degree of care required.--Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(iii) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. ``(F) Documentation requirements.-- ``(i) Documentation pertaining to adults.-- A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(ii) shall, prior to the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim's rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape. ``(ii) Documentation pertaining to minors.--A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(ii) Content of consent form.--The Informed Consent Authorization form shall be presented in person by the physician and shall consist of-- ``(I) a statement by the physician indicating the probable post- fertilization age of the pain-capable unborn child; ``(II) a statement that Federal law allows abortion after 20 weeks fetal age only if the mother's life is endangered by a physical disorder, physical illness, or physical injury, when the pregnancy was the result of rape, or an act of incest against a minor; ``(III) a statement that the abortion must be performed by the method most likely to allow the child to be born alive unless this would cause significant risk to the mother; ``(IV) a statement that in any case in which an abortion procedure results in a child born alive, Federal law requires that child to be given every form of medical assistance that is provided to children spontaneously born prematurely, including transportation and admittance to a hospital; ``(V) a statement that these requirements are binding upon the physician and all other medical personnel who are subject to criminal and civil penalties and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and ``(VI) affirmation that each signer has filled out the informed consent form to the best of their knowledge and understands the information contained in the form. ``(iii) Signatories required.--The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(I) Additional exceptions and requirements.-- ``(i) In cases of risk of death or major injury to the mother.--Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of-- ``(I) the death of the pregnant woman; or ``(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(II) State laws regarding parental involvement.--The physician who intends to perform an abortion on a minor under an exception provided by subparagraph (B) shall comply with any applicable State laws requiring parental involvement in a minor's decision to have an abortion. ``(c) Criminal Penalty.--Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; ``(B) statutory damages equal to three times the cost of the abortion; and ``(C) punitive damages. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(5) Attorneys fees for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(6) Awards against woman.--Except under paragraph (5), in a civil action under this subsection, no damages, attorney's fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. ``(2) Contents of summary.--The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B)-- ``(A) the probable post-fertilization age of the unborn child; ``(B) the method used to carry out the abortion; ``(C) the location where the abortion was conducted; ``(D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and ``(E) any incident of live birth resulting from the abortion. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). ``(4) Public report.--The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or attempted. ``(g) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. ``(3) Counseling.--The term `counseling' means counseling provided by a counselor licensed by the State, or a victims rights advocate provided by a law enforcement agency. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(5) Fertilization.--The term `fertilization' means the fusion of human spermatozoon with a human ovum. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(7) Minor.--The term `minor' means an individual who has not attained the age of 18 years. ``(8) Perform.--The term `perform', with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. ``(9) Physician.--The term `physician' means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion. ``(10) Post-fertilization age.--The term `post- fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. ``(11) Probable post-fertilization age of the unborn child.--The term `probable post-fertilization age of the unborn child' means what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced. ``(12) Reasonable medical judgment.--The term `reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. ``(13) Unborn child.--The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1. ``(14) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item: ``1532. Pain-capable unborn child protection.''. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. <all>

Pain-Capable Unborn Child Protection Act

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.

Pain-Capable Unborn Child Protection Act

Rep. Smith, Christopher H.

R

NJ

This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

SHORT TITLE. SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. ``(E) Children born alive after attempted abortions.--When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: ``(i) Degree of care required.--Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(2) Contents of summary.--The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B)-- ``(A) the probable post-fertilization age of the unborn child; ``(B) the method used to carry out the abortion; ``(C) the location where the abortion was conducted; ``(D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and ``(E) any incident of live birth resulting from the abortion. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(7) Minor.--The term `minor' means an individual who has not attained the age of 18 years. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.

SHORT TITLE. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(2) Contents of summary.--The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B)-- ``(A) the probable post-fertilization age of the unborn child; ``(B) the method used to carry out the abortion; ``(C) the location where the abortion was conducted; ``(D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and ``(E) any incident of live birth resulting from the abortion. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.

SHORT TITLE. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. (8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. SEC. 3. 1532. PAIN-CAPABLE UNBORN CHILD PROTECTION. ``(E) Children born alive after attempted abortions.--When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: ``(i) Degree of care required.--Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(I) Additional exceptions and requirements.-- ``(i) In cases of risk of death or major injury to the mother.--Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of-- ``(I) the death of the pregnant woman; or ``(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(2) Contents of summary.--The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B)-- ``(A) the probable post-fertilization age of the unborn child; ``(B) the method used to carry out the abortion; ``(C) the location where the abortion was conducted; ``(D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and ``(E) any incident of live birth resulting from the abortion. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(7) Minor.--The term `minor' means an individual who has not attained the age of 18 years. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.

SHORT TITLE. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. (8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. SEC. 3. 1532. PAIN-CAPABLE UNBORN CHILD PROTECTION. ``(a) Unlawful Conduct.--Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post- fertilization age. ``(E) Children born alive after attempted abortions.--When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: ``(i) Degree of care required.--Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. ``(ii) Documentation pertaining to minors.--A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(I) Additional exceptions and requirements.-- ``(i) In cases of risk of death or major injury to the mother.--Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of-- ``(I) the death of the pregnant woman; or ``(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(2) Contents of summary.--The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B)-- ``(A) the probable post-fertilization age of the unborn child; ``(B) the method used to carry out the abortion; ``(C) the location where the abortion was conducted; ``(D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and ``(E) any incident of live birth resulting from the abortion. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(7) Minor.--The term `minor' means an individual who has not attained the age of 18 years. ``(8) Perform.--The term `perform', with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. 3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response. ( In the United States, surgery of this type is being performed by 20 weeks after fertilization and earlier in specialized units affiliated with children's hospitals. ( 8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. ( (10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. ( 13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other. ( (a) In General.--Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``SEC. ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(C) Requirement as to manner of procedure performed.--Notwithstanding the definitions of `abortion' and `attempt an abortion' in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(iii) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. ``(ii) Documentation pertaining to minors.--A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(iii) Signatories required.--The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(5) Attorneys fees for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(10) Post-fertilization age.--The term `post- fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. ``(14) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. ( (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks after fertilization. ( In the United States, surgery of this type is being performed by 20 weeks after fertilization and earlier in specialized units affiliated with children's hospitals. ( (8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. ( 10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. ( ``(a) Unlawful Conduct.--Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(C) Requirement as to manner of procedure performed.--Notwithstanding the definitions of `abortion' and `attempt an abortion' in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Documentation pertaining to minors.--A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(iii) Signatories required.--The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(6) Awards against woman.--Except under paragraph (5), in a civil action under this subsection, no damages, attorney's fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. ``(2) Contents of summary.--The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B)-- ``(A) the probable post-fertilization age of the unborn child; ``(B) the method used to carry out the abortion; ``(C) the location where the abortion was conducted; ``(D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and ``(E) any incident of live birth resulting from the abortion. ``(g) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. ``(11) Probable post-fertilization age of the unborn child.--The term `probable post-fertilization age of the unborn child' means what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced. ``(14) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. (

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. ``(g) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. 13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other. ( ( ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(iii) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. 2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. ``(g) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. 13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other. ( ( ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(iii) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. 2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. ``(g) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(iii) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(g) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(iii) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).

Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit a physician from attempting to perform an abortion unless the physician: (1) establishes that the unborn child is capable of feeling pain; and (2) determines that the child is not capable of experiencing pain. (Currently, the law provides that an unborn child may not experience pain until 20 weeks after Prohibits a physician from performing or attempting to perform an abortion unless: (1) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury; (2) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion, the Provides for: (1) additional exceptions and requirements in cases of risk of death or major injury to the mother; and (2) compliance with certain state laws regarding reporting of rape and incest. (Sec. 3) Criminal penalties for violations of this Act, including a fine or prison term of up to five years, or both.(Sec. 4) Data collection Amends the federal criminal code to require the Attorney General to report annually to Congress on abortions performed or attempted in the United States. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or performed. (Currently, such report is issued by June 30.) (Sec. 2) Amends the Federal criminal code with respect to the

S.2170

Energy

Public Engagement Opportunity on Public Land Exploration Act of 2021 or the PEOPLE Act of 2021 This bill expands requirements related to issuing oil and gas leases on federal land. Specifically, the bill expands requirements related to public notice and comment periods with respect to oil and gas lease sales, including by requiring information about the person or entities submitting bids for leases. The bill also requires the lease sales to be reviewed under the National Environmental Policy Act of 1969. In addition, the Department of the Interior may only issue such leases to exploration and drilling operators if the operators sign post-lease surface use agreements with the surface estate owners. Under the agreements, operators must agree to reclaim the land and provide compensation for any damages resulting from the exploration and drilling operations.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Engagement Opportunity on Public Land Exploration Act of 2021'' or the ``PEOPLE Act of 2021''. SEC. 2. TRANSPARENCY AND LANDOWNER PROTECTIONS. (a) Requirements for Inclusion of Land Identified in Expressions of Interest in Lease Sales.--Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended by adding at the end the following: ``(4) Requirements for inclusion of land identified in expressions of interest in lease sales.-- ``(A) In general.--A member of the public may submit to the Secretary an expression of interest that identifies land for consideration for inclusion by the Secretary in a lease sale under this section. ``(B) Inclusion of land in lease sale.--Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. ``(C) Notification.--On receipt of an expression of interest, the Secretary shall notify by certified mail, electronic mail, and electronic posting on the website of the relevant leasing or land management agency-- ``(i) any owners of surface rights on land identified under the expression of interest; ``(ii) any holders of recreational or special use permits on the land; ``(iii) any holders of grazing rights on the land; ``(iv) any owner of a water right the water of which originates on or flows over the land; ``(v) any owner of a water conveyance structure, such as a ditch, on the land; and ``(vi) the local government with jurisdiction over the area in which the land is located. ``(D) Transparency.-- ``(i) In general.--The Secretary shall require that each bid for a lease described in subparagraph (B) include-- ``(I) the name of the person or entity submitting the bid, including the name of all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; ``(II) if an agent is submitting the bid on behalf of a person or entity, the name of the person or entity on behalf of which the agent is acting, including all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; and ``(III) if the person or entity submitting the bid is the person or entity that submitted the applicable expression of interest, or if an agent is submitting the bid on behalf of the person or entity that submitted the applicable expression of interest, a disclosure of that fact. ``(ii) Publication.--The Secretary shall publish on the website of the relevant leasing or land management agency each name disclosed in a bid under clause (i).''. (b) Notice Requirements.--Section 17(f) of the Mineral Leasing Act (30 U.S.C. 226(f)) is amended-- (1) in the sixth sentence, by striking ``The requirements'' and inserting the following: ``(6) Applicability of other notice requirements.--The requirements''; (2) in the fifth sentence, by striking ``Such maps'' and inserting the following: ``(C) Location.--A map included in a notice under paragraph (1)''; (3) in the fourth sentence, by striking ``Where the inclusion of maps in such notice'' and inserting the following: ``(B) Availability.--If the inclusion of maps in a notice under paragraph (1)''; (4) in the third sentence, by striking ``Such notice'' and inserting the following: ``(2) Required inclusions.-- ``(A) In general.--A notice required under paragraph (1)''; (5) by striking ``(f) At least'' and all that follows through ``land management agencies.'' and inserting the following: ``(f) Notice Requirements.-- ``(1) In general.--Not later than 90 days before offering land for lease under this section, and not later than 30 days before approving an application for permit to drill under the provisions of a lease issued under this section, modifying the terms of any lease issued under this section, or granting a waiver, exception, or modification of any stipulation of a lease issued under this section, the Secretary shall-- ``(A) post notice in the appropriate local offices, and on the electronic websites, of the leasing and land management agencies offering the land for lease; ``(B) notify by certified mail and electronic mail any-- ``(i) owners of surface rights on the land covered by the lease; ``(ii) holders of special recreation permits for commercial use, competitive events, or other organized activities on the land covered by the lease; ``(iii) holders of grazing rights on the land covered by the lease; ``(iv) owner of a water right the water of which originates on or flows over the land; ``(v) owner of a water conveyance structure, such as a ditch, on the land; and ``(vi) as applicable, members of the public who have submitted to the Secretary a request to receive notice regarding proposed actions of the Secretary applicable to-- ``(I) a geographic area; or ``(II) a resource.''; and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ``(B) Environmental analysis.-- ``(i) Public notice and comment.--Before conducting a lease sale under this section, the Secretary, in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), shall ensure that the public has the period of time required under that Act to comment on any environmental analysis carried out with respect to the lease sale. ``(ii) Requirement.--The period for public comment under clause (i) shall be not less than 30 days. ``(C) Requirement to conduct nepa analysis.-- ``(i) In general.--Before conducting a lease sale under this section, the Secretary shall conduct an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) unless the Secretary determines that-- ``(I) the proposed action is adequately covered by relevant existing analyses under that Act, such as an environmental impact statement or environmental assessment (including supporting data and records); ``(II) the proposed action is in conformance with the relevant land use plan; and ``(III) there are no new circumstances, new information, or unanticipated or unanalyzed environmental impacts that warrant new or supplemental analysis. ``(ii) Public notice and comment.--Before making a determination under clause (i) that an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is not required with respect to a lease sale under this section, the Secretary shall provide a period of public comment for that determination of not less than 30 days. ``(D) NEPA analysis requirements.-- ``(i) In general.--Any analysis prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a lease sale under this section shall address all parcels being considered for sale. ``(ii) Restriction.--No parcel may be included in a lease sale under this section-- ``(I) without compliance with-- ``(aa) the public notice and comment requirements of this subsection; and ``(bb) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ``(II) unless the parcel is specifically identified and considered in the analysis for that specific lease sale carried out in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(E) Surface management by another federal agency.--With respect to a parcel the surface of which is managed by another Federal agency, the parcel may not be included in a lease sale under this section without the consent of that Federal agency for that specific lease sale. ``(F) Protests.-- ``(i) In general.--Any party may file a protest regarding the inclusion of a parcel in a lease sale under this section. ``(ii) Deadline; method of filing.--A protest under clause (i)-- ``(I) shall be filed by the date that is not later than 45 days after the date on which the Secretary gives notice of the lease sale under paragraph (1); and ``(II) may be filed by electronic mail. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(5) Indian tribes.-- ``(A) Definitions.--In this paragraph: ``(i) Cultural site.--The term `cultural site' means-- ``(I) a sacred site; ``(II) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the PEOPLE Act of 2021)); and ``(III) a landform or landscape that-- ``(aa) is the site of important customs, practices, objects, places, or ceremonies of Indian Tribes; ``(bb) is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; ``(cc) is connected through features or ceremonies to other sites or a larger sacred landscape; or ``(dd) contains important traditional food or material gathering areas. ``(ii) Former reservation.--The term `former reservation' means land that is within the exterior boundaries of any previous reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(iv) Interested indian tribe.--The term `interested Indian Tribe', with respect to land under consideration for inclusion by the Secretary in a lease sale under this section, means an Indian Tribe with-- ``(I) historic, prehistoric, cultural, or religious connection to a cultural site located on the land; ``(II) a former reservation located on the land; or ``(III) treaty rights or other reserved rights that can be exercised on the land. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(B) Notice and opportunity for comment; formal consultation.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall-- ``(i) provide any interested Indian Tribe notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection; and ``(ii) at the request of any interested Indian Tribe, initiate formal consultation with the interested Indian Tribe regarding the proposed action.''. (c) Surface Estate Owner Protection.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(q) Surface Estate Owner Protection.-- ``(1) Definition of covered land.--In this subsection, the term `covered land' means land subject to a lease under this section-- ``(A) the title to the oil and gas resources of which is held by the United States; but ``(B) the title to the surface estate of which is not held by the United States. ``(2) Post-lease surface use agreement.-- ``(A) In general.--Except as provided in paragraph (3), the Secretary shall not authorize any operator to conduct exploration and drilling operations on covered land until the operator files with the Secretary a document, signed by the operator and the 1 or more surface estate owners, demonstrating that the operator has secured a written surface use agreement between the operator and the 1 or more surface estate owners that meets the requirements of subparagraph (B). ``(B) Contents.--The surface use agreement under subparagraph (A) shall provide for-- ``(i) the use by the operator of only such portion of the surface estate as is reasonably necessary for exploration and drilling operations based on site-specific conditions; ``(ii) the accommodation of the surface estate owner to the maximum extent practicable, including the location, use, timing, and type of exploration and drilling operations, consistent with the right of the operator to develop the oil and gas estate; ``(iii) placement, specifications, maintenance, and design of well pads, gathering pipelines, and roads to be constructed for oil and gas operations, to the extent known; ``(iv) terms of ingress and egress on the surface of the land for oil and gas operations; ``(v) construction, maintenance, and placement of all pits and equipment used or planned for oil and gas operations, to the extent known; ``(vi) use and impoundment of water on the surface of the land; ``(vii) removal and restoration of plant life; ``(viii) surface water drainage changes; ``(ix) actions to limit and effectively control precipitation runoff and erosion; ``(x) control and management of noise, weeds, dust, traffic, trespass, litter, and interference with the use of the surface estate owner; ``(xi) operator indemnification for injury to persons caused by the operator or a subcontractor or agent of the operator; ``(xii) the reclamation of the site to a condition capable of supporting the uses that the land was capable of supporting prior to exploration and drilling operations; and ``(xiii) compensation for damages resulting from exploration and drilling operations, including-- ``(I) loss of income and increased costs incurred; ``(II) groundwater contamination and negative impacts to air quality; ``(III) damage to, or destruction of, personal property, including crops, forage, and livestock; and ``(IV) failure to reclaim the site in accordance with clause (xii). ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(ii) Arbitration.-- ``(I) In general.--If the surface estate owner and the operator do not reach an agreement under clause (i) by the date that is 90 days after the date on which the operator provides notice under that clause, the operator may submit the matter to third-party arbitration. ``(II) Deadline for arbitration.-- An arbitration under subclause (I) shall be concluded within a period of 90 days. ``(III) Cost.--The cost of an arbitration under subclause (I) shall be the responsibility of the operator. ``(IV) List of arbitrators.--The Secretary shall make publicly available a list of persons who are qualified to arbitrate disputes under this clause. ``(V) Qualifications of arbitrators.--In order to arbitrate a dispute under this clause, an arbitrator shall meet the minimum qualification criteria of the American Arbitration Association, including-- ``(aa) a minimum of 10 years of senior-level business or professional experience or legal practice; ``(bb) an educational degree or professional licenses appropriate to the oil and gas industry; ``(cc) training or experience in arbitration or other forms of dispute resolution; and ``(dd) membership in relevant professional associations. ``(VI) Referral.--Referral of a matter for arbitration by an operator to an arbitrator identified by the Secretary pursuant to subclause (IV) shall be sufficient to constitute compliance with subclause (V). ``(3) Authorized exploration and drilling operations.-- ``(A) Authorization without surface use agreement.-- ``(i) In general.--The Secretary may authorize an operator to conduct exploration and drilling operations on covered land without first securing a surface use agreement in accordance with paragraph (2), if-- ``(I) the Secretary makes a determination in writing that-- ``(aa) the operator made a good faith attempt to conclude such an agreement, including by submitting the matter to arbitration in accordance with subclause (I) of paragraph (2)(C)(ii); but ``(bb) an agreement was not concluded by the deadline under subclause (I) or (II), as applicable, of that paragraph; ``(II) the operator submits a plan of operations that provides for-- ``(aa) the matters described in paragraph (2)(B); and ``(bb) compliance with all other applicable requirements of Federal and State law; and ``(III) the operator posts a bond or other financial assurance in the form of a surety bond, trust fund, letter of credit, government security, certificate of deposit, cash, or equivalent in an amount the Secretary determines to be adequate to ensure compensation to the 1 or more surface estate owners for any damages to, or reclamation of, the site. ``(ii) Limitation.--Self-bonding shall not be an acceptable form of financial assurance under clause (i)(III). ``(B) Surface estate owner participation.--In addition to any participation opportunities provided to members of the public under this section, with respect to a lease issued under this section for covered land, the Secretary shall provide surface estate owners with-- ``(i) before authorizing an operator to conduct exploration and drilling operations on the covered land, a period of not less than 30 days to comment on the plans of operations of the operator; ``(ii) an opportunity to participate in bond level determinations and bond release proceedings under subsection (g); ``(iii) an opportunity to attend any onsite inspection carried out for the purpose of a determination or proceeding under clause (ii); ``(iv) an opportunity to file written objections to a proposed bond release; and ``(v) an opportunity to request and participate in an onsite inspection if the surface estate owner has reason to believe there is a violation of the terms and conditions of the plan of operations of the operator. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease. ``(ii) Form of compensation.--If the Secretary approves the petition under clause (i), the Secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition. ``(4) Surface estate owner notification.--In addition to any notice provided to members of the public under this section, with respect to a lease of covered land under this section, the Secretary shall notify the 1 or more surface estate owners by certified mail, electronic mail, and electronic posting on the website of the relevant leasing or land management agency-- ``(A) of the lease sale by not later than 90 days before conducting the lease sale; ``(B) of the identity and address of the lessee by not later than 10 business days after the lease is issued; ``(C) of any subsequent request or decision regarding the lease, including any request or decision to modify the lease, waive a stipulation, or approve a right of way, by not later than 5 business days after the Secretary receives the request or makes the decision; and ``(D) of any issuance of a permit to drill under the lease, by not later than 5 business days after issuance of the permit. ``(5) Bonds or financial assurances.-- ``(A) In general.--With respect to a lease of covered land under this section, the Secretary shall notify the 1 or more surface estate owners by certified mail, electronic mail, and electronic posting on the website of the relevant leasing or land management agency by not later than 30 days before establishing or releasing a bond or other financial assurance under subsection (g). ``(B) Objections.--If a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land, the Secretary shall respond in writing to the objections of the surface estate owner, including a description of the rationale for the amount. ``(C) Release of bond of other financial assurance.--The Secretary may release the bond or other financial assurance required for a lease of covered land only if-- ``(i) the Secretary determines that compensation for damages has been paid in accordance with, as applicable-- ``(I) the terms of the surface use agreement under paragraph (2)(B)(xiii); or ``(II) the determination of the Secretary under paragraph (3)(A)(iii); ``(ii) the surface estate owner and the operator have executed, and submitted to the Secretary, a surface use and compensation agreement providing that the bond or other financial assurance should be released; ``(iii) the Secretary determines that-- ``(I) there has been a final resolution of any action for damages; and ``(II) any damages awarded pursuant to that action have been paid; or ``(iv) the Secretary determines that-- ``(I) all wells on the covered land have been plugged and abandoned; and ``(II) the operator has not conducted oil and gas operations on the covered land for a period of not less than 6 years.''. <all>

PEOPLE Act of 2021

A bill to amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes.

PEOPLE Act of 2021 Public Engagement Opportunity on Public Land Exploration Act of 2021

Sen. Bennet, Michael F.

D

CO

This bill expands requirements related to issuing oil and gas leases on federal land. Specifically, the bill expands requirements related to public notice and comment periods with respect to oil and gas lease sales, including by requiring information about the person or entities submitting bids for leases. The bill also requires the lease sales to be reviewed under the National Environmental Policy Act of 1969. In addition, the Department of the Interior may only issue such leases to exploration and drilling operators if the operators sign post-lease surface use agreements with the surface estate owners. Under the agreements, operators must agree to reclaim the land and provide compensation for any damages resulting from the exploration and drilling operations.

2. ``(B) Inclusion of land in lease sale.--Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. ``(D) Transparency.-- ``(i) In general.--The Secretary shall require that each bid for a lease described in subparagraph (B) include-- ``(I) the name of the person or entity submitting the bid, including the name of all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; ``(II) if an agent is submitting the bid on behalf of a person or entity, the name of the person or entity on behalf of which the agent is acting, including all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; and ``(III) if the person or entity submitting the bid is the person or entity that submitted the applicable expression of interest, or if an agent is submitting the bid on behalf of the person or entity that submitted the applicable expression of interest, a disclosure of that fact. ``(ii) Requirement.--The period for public comment under clause (i) shall be not less than 30 days. ``(D) NEPA analysis requirements.-- ``(i) In general.--Any analysis prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease.

2. ``(B) Inclusion of land in lease sale.--Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. ``(D) Transparency.-- ``(i) In general.--The Secretary shall require that each bid for a lease described in subparagraph (B) include-- ``(I) the name of the person or entity submitting the bid, including the name of all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; ``(II) if an agent is submitting the bid on behalf of a person or entity, the name of the person or entity on behalf of which the agent is acting, including all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; and ``(III) if the person or entity submitting the bid is the person or entity that submitted the applicable expression of interest, or if an agent is submitting the bid on behalf of the person or entity that submitted the applicable expression of interest, a disclosure of that fact. ``(ii) Requirement.--The period for public comment under clause (i) shall be not less than 30 days. 4321 et seq. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease.

SHORT TITLE. 2. TRANSPARENCY AND LANDOWNER PROTECTIONS. ``(B) Inclusion of land in lease sale.--Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. ``(D) Transparency.-- ``(i) In general.--The Secretary shall require that each bid for a lease described in subparagraph (B) include-- ``(I) the name of the person or entity submitting the bid, including the name of all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; ``(II) if an agent is submitting the bid on behalf of a person or entity, the name of the person or entity on behalf of which the agent is acting, including all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; and ``(III) if the person or entity submitting the bid is the person or entity that submitted the applicable expression of interest, or if an agent is submitting the bid on behalf of the person or entity that submitted the applicable expression of interest, a disclosure of that fact. 226(f)) is amended-- (1) in the sixth sentence, by striking ``The requirements'' and inserting the following: ``(6) Applicability of other notice requirements.--The requirements''; (2) in the fifth sentence, by striking ``Such maps'' and inserting the following: ``(C) Location.--A map included in a notice under paragraph (1)''; (3) in the fourth sentence, by striking ``Where the inclusion of maps in such notice'' and inserting the following: ``(B) Availability.--If the inclusion of maps in a notice under paragraph (1)''; (4) in the third sentence, by striking ``Such notice'' and inserting the following: ``(2) Required inclusions.-- ``(A) In general.--A notice required under paragraph (1)''; (5) by striking ``(f) At least'' and all that follows through ``land management agencies.'' ``(ii) Requirement.--The period for public comment under clause (i) shall be not less than 30 days. ``(D) NEPA analysis requirements.-- ``(i) In general.--Any analysis prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ``(E) Surface management by another federal agency.--With respect to a parcel the surface of which is managed by another Federal agency, the parcel may not be included in a lease sale under this section without the consent of that Federal agency for that specific lease sale. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(II) Deadline for arbitration.-- An arbitration under subclause (I) shall be concluded within a period of 90 days. ``(V) Qualifications of arbitrators.--In order to arbitrate a dispute under this clause, an arbitrator shall meet the minimum qualification criteria of the American Arbitration Association, including-- ``(aa) a minimum of 10 years of senior-level business or professional experience or legal practice; ``(bb) an educational degree or professional licenses appropriate to the oil and gas industry; ``(cc) training or experience in arbitration or other forms of dispute resolution; and ``(dd) membership in relevant professional associations. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. TRANSPARENCY AND LANDOWNER PROTECTIONS. ``(B) Inclusion of land in lease sale.--Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. ``(C) Notification.--On receipt of an expression of interest, the Secretary shall notify by certified mail, electronic mail, and electronic posting on the website of the relevant leasing or land management agency-- ``(i) any owners of surface rights on land identified under the expression of interest; ``(ii) any holders of recreational or special use permits on the land; ``(iii) any holders of grazing rights on the land; ``(iv) any owner of a water right the water of which originates on or flows over the land; ``(v) any owner of a water conveyance structure, such as a ditch, on the land; and ``(vi) the local government with jurisdiction over the area in which the land is located. ``(D) Transparency.-- ``(i) In general.--The Secretary shall require that each bid for a lease described in subparagraph (B) include-- ``(I) the name of the person or entity submitting the bid, including the name of all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; ``(II) if an agent is submitting the bid on behalf of a person or entity, the name of the person or entity on behalf of which the agent is acting, including all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; and ``(III) if the person or entity submitting the bid is the person or entity that submitted the applicable expression of interest, or if an agent is submitting the bid on behalf of the person or entity that submitted the applicable expression of interest, a disclosure of that fact. 226(f)) is amended-- (1) in the sixth sentence, by striking ``The requirements'' and inserting the following: ``(6) Applicability of other notice requirements.--The requirements''; (2) in the fifth sentence, by striking ``Such maps'' and inserting the following: ``(C) Location.--A map included in a notice under paragraph (1)''; (3) in the fourth sentence, by striking ``Where the inclusion of maps in such notice'' and inserting the following: ``(B) Availability.--If the inclusion of maps in a notice under paragraph (1)''; (4) in the third sentence, by striking ``Such notice'' and inserting the following: ``(2) Required inclusions.-- ``(A) In general.--A notice required under paragraph (1)''; (5) by striking ``(f) At least'' and all that follows through ``land management agencies.'' ``(ii) Requirement.--The period for public comment under clause (i) shall be not less than 30 days. ``(D) NEPA analysis requirements.-- ``(i) In general.--Any analysis prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ``(E) Surface management by another federal agency.--With respect to a parcel the surface of which is managed by another Federal agency, the parcel may not be included in a lease sale under this section without the consent of that Federal agency for that specific lease sale. ``(F) Protests.-- ``(i) In general.--Any party may file a protest regarding the inclusion of a parcel in a lease sale under this section. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(ii) Former reservation.--The term `former reservation' means land that is within the exterior boundaries of any previous reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(II) Deadline for arbitration.-- An arbitration under subclause (I) shall be concluded within a period of 90 days. ``(V) Qualifications of arbitrators.--In order to arbitrate a dispute under this clause, an arbitrator shall meet the minimum qualification criteria of the American Arbitration Association, including-- ``(aa) a minimum of 10 years of senior-level business or professional experience or legal practice; ``(bb) an educational degree or professional licenses appropriate to the oil and gas industry; ``(cc) training or experience in arbitration or other forms of dispute resolution; and ``(dd) membership in relevant professional associations. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. ``(B) Inclusion of land in lease sale.--Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. ``(ii) Publication.--The Secretary shall publish on the website of the relevant leasing or land management agency each name disclosed in a bid under clause (i).''. ( b) Notice Requirements.--Section 17(f) of the Mineral Leasing Act (30 U.S.C. ''; and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ``(B) Environmental analysis.-- ``(i) Public notice and comment.--Before conducting a lease sale under this section, the Secretary, in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ), unless the Secretary determines that-- ``(I) the proposed action is adequately covered by relevant existing analyses under that Act, such as an environmental impact statement or environmental assessment (including supporting data and records); ``(II) the proposed action is in conformance with the relevant land use plan; and ``(III) there are no new circumstances, new information, or unanticipated or unanalyzed environmental impacts that warrant new or supplemental analysis. ``(ii) Public notice and comment.--Before making a determination under clause (i) that an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ``(E) Surface management by another federal agency.--With respect to a parcel the surface of which is managed by another Federal agency, the parcel may not be included in a lease sale under this section without the consent of that Federal agency for that specific lease sale. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(ii) Former reservation.--The term `former reservation' means land that is within the exterior boundaries of any previous reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(iv) Interested indian tribe.--The term `interested Indian Tribe', with respect to land under consideration for inclusion by the Secretary in a lease sale under this section, means an Indian Tribe with-- ``(I) historic, prehistoric, cultural, or religious connection to a cultural site located on the land; ``(II) a former reservation located on the land; or ``(III) treaty rights or other reserved rights that can be exercised on the land. ``(B) Notice and opportunity for comment; formal consultation.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall-- ``(i) provide any interested Indian Tribe notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection; and ``(ii) at the request of any interested Indian Tribe, initiate formal consultation with the interested Indian Tribe regarding the proposed action.''. ( 226) is amended by adding at the end the following: ``(q) Surface Estate Owner Protection.-- ``(1) Definition of covered land.--In this subsection, the term `covered land' means land subject to a lease under this section-- ``(A) the title to the oil and gas resources of which is held by the United States; but ``(B) the title to the surface estate of which is not held by the United States. ``(2) Post-lease surface use agreement.-- ``(A) In general.--Except as provided in paragraph (3), the Secretary shall not authorize any operator to conduct exploration and drilling operations on covered land until the operator files with the Secretary a document, signed by the operator and the 1 or more surface estate owners, demonstrating that the operator has secured a written surface use agreement between the operator and the 1 or more surface estate owners that meets the requirements of subparagraph (B). ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(II) Deadline for arbitration.-- An arbitration under subclause (I) shall be concluded within a period of 90 days. ``(VI) Referral.--Referral of a matter for arbitration by an operator to an arbitrator identified by the Secretary pursuant to subclause (IV) shall be sufficient to constitute compliance with subclause (V). ``(ii) Limitation.--Self-bonding shall not be an acceptable form of financial assurance under clause (i)(III). ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease. ``(ii) Form of compensation.--If the Secretary approves the petition under clause (i), the Secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition. ``(5) Bonds or financial assurances.-- ``(A) In general.--With respect to a lease of covered land under this section, the Secretary shall notify the 1 or more surface estate owners by certified mail, electronic mail, and electronic posting on the website of the relevant leasing or land management agency by not later than 30 days before establishing or releasing a bond or other financial assurance under subsection (g). ``(B) Objections.--If a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land, the Secretary shall respond in writing to the objections of the surface estate owner, including a description of the rationale for the amount.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. ``(B) Inclusion of land in lease sale.--Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. ``(ii) Publication.--The Secretary shall publish on the website of the relevant leasing or land management agency each name disclosed in a bid under clause (i).''. ( and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ``(ii) Requirement.--The period for public comment under clause (i) shall be not less than 30 days. ``(C) Requirement to conduct nepa analysis.-- ``(i) In general.--Before conducting a lease sale under this section, the Secretary shall conduct an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ``(ii) Public notice and comment.--Before making a determination under clause (i) that an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ``(ii) Deadline; method of filing.--A protest under clause (i)-- ``(I) shall be filed by the date that is not later than 45 days after the date on which the Secretary gives notice of the lease sale under paragraph (1); and ``(II) may be filed by electronic mail. ``(iv) Interested indian tribe.--The term `interested Indian Tribe', with respect to land under consideration for inclusion by the Secretary in a lease sale under this section, means an Indian Tribe with-- ``(I) historic, prehistoric, cultural, or religious connection to a cultural site located on the land; ``(II) a former reservation located on the land; or ``(III) treaty rights or other reserved rights that can be exercised on the land. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(2) Post-lease surface use agreement.-- ``(A) In general.--Except as provided in paragraph (3), the Secretary shall not authorize any operator to conduct exploration and drilling operations on covered land until the operator files with the Secretary a document, signed by the operator and the 1 or more surface estate owners, demonstrating that the operator has secured a written surface use agreement between the operator and the 1 or more surface estate owners that meets the requirements of subparagraph (B). ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(ii) Arbitration.-- ``(I) In general.--If the surface estate owner and the operator do not reach an agreement under clause (i) by the date that is 90 days after the date on which the operator provides notice under that clause, the operator may submit the matter to third-party arbitration. ``(VI) Referral.--Referral of a matter for arbitration by an operator to an arbitrator identified by the Secretary pursuant to subclause (IV) shall be sufficient to constitute compliance with subclause (V). ``(ii) Limitation.--Self-bonding shall not be an acceptable form of financial assurance under clause (i)(III). ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease. ``(ii) Form of compensation.--If the Secretary approves the petition under clause (i), the Secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition. ``(B) Objections.--If a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land, the Secretary shall respond in writing to the objections of the surface estate owner, including a description of the rationale for the amount.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. ``(B) Inclusion of land in lease sale.--Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. ``(ii) Publication.--The Secretary shall publish on the website of the relevant leasing or land management agency each name disclosed in a bid under clause (i).''. ( and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ``(ii) Requirement.--The period for public comment under clause (i) shall be not less than 30 days. ``(C) Requirement to conduct nepa analysis.-- ``(i) In general.--Before conducting a lease sale under this section, the Secretary shall conduct an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ``(ii) Public notice and comment.--Before making a determination under clause (i) that an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ``(ii) Deadline; method of filing.--A protest under clause (i)-- ``(I) shall be filed by the date that is not later than 45 days after the date on which the Secretary gives notice of the lease sale under paragraph (1); and ``(II) may be filed by electronic mail. ``(iv) Interested indian tribe.--The term `interested Indian Tribe', with respect to land under consideration for inclusion by the Secretary in a lease sale under this section, means an Indian Tribe with-- ``(I) historic, prehistoric, cultural, or religious connection to a cultural site located on the land; ``(II) a former reservation located on the land; or ``(III) treaty rights or other reserved rights that can be exercised on the land. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(2) Post-lease surface use agreement.-- ``(A) In general.--Except as provided in paragraph (3), the Secretary shall not authorize any operator to conduct exploration and drilling operations on covered land until the operator files with the Secretary a document, signed by the operator and the 1 or more surface estate owners, demonstrating that the operator has secured a written surface use agreement between the operator and the 1 or more surface estate owners that meets the requirements of subparagraph (B). ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(ii) Arbitration.-- ``(I) In general.--If the surface estate owner and the operator do not reach an agreement under clause (i) by the date that is 90 days after the date on which the operator provides notice under that clause, the operator may submit the matter to third-party arbitration. ``(VI) Referral.--Referral of a matter for arbitration by an operator to an arbitrator identified by the Secretary pursuant to subclause (IV) shall be sufficient to constitute compliance with subclause (V). ``(ii) Limitation.--Self-bonding shall not be an acceptable form of financial assurance under clause (i)(III). ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease. ``(ii) Form of compensation.--If the Secretary approves the petition under clause (i), the Secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition. ``(B) Objections.--If a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land, the Secretary shall respond in writing to the objections of the surface estate owner, including a description of the rationale for the amount.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. b) Notice Requirements.--Section 17(f) of the Mineral Leasing Act (30 U.S.C. ''; and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ), unless the Secretary determines that-- ``(I) the proposed action is adequately covered by relevant existing analyses under that Act, such as an environmental impact statement or environmental assessment (including supporting data and records); ``(II) the proposed action is in conformance with the relevant land use plan; and ``(III) there are no new circumstances, new information, or unanticipated or unanalyzed environmental impacts that warrant new or supplemental analysis. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(B) Notice and opportunity for comment; formal consultation.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall-- ``(i) provide any interested Indian Tribe notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection; and ``(ii) at the request of any interested Indian Tribe, initiate formal consultation with the interested Indian Tribe regarding the proposed action.''. ( 226) is amended by adding at the end the following: ``(q) Surface Estate Owner Protection.-- ``(1) Definition of covered land.--In this subsection, the term `covered land' means land subject to a lease under this section-- ``(A) the title to the oil and gas resources of which is held by the United States; but ``(B) the title to the surface estate of which is not held by the United States. ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(ii) Limitation.--Self-bonding shall not be an acceptable form of financial assurance under clause (i)(III). ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease. ``(ii) Form of compensation.--If the Secretary approves the petition under clause (i), the Secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition. ``(B) Objections.--If a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land, the Secretary shall respond in writing to the objections of the surface estate owner, including a description of the rationale for the amount.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. b) Notice Requirements.--Section 17(f) of the Mineral Leasing Act (30 U.S.C. ''; and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ), unless the Secretary determines that-- ``(I) the proposed action is adequately covered by relevant existing analyses under that Act, such as an environmental impact statement or environmental assessment (including supporting data and records); ``(II) the proposed action is in conformance with the relevant land use plan; and ``(III) there are no new circumstances, new information, or unanticipated or unanalyzed environmental impacts that warrant new or supplemental analysis. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(B) Notice and opportunity for comment; formal consultation.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall-- ``(i) provide any interested Indian Tribe notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection; and ``(ii) at the request of any interested Indian Tribe, initiate formal consultation with the interested Indian Tribe regarding the proposed action.''. ( 226) is amended by adding at the end the following: ``(q) Surface Estate Owner Protection.-- ``(1) Definition of covered land.--In this subsection, the term `covered land' means land subject to a lease under this section-- ``(A) the title to the oil and gas resources of which is held by the United States; but ``(B) the title to the surface estate of which is not held by the United States. ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(ii) Limitation.--Self-bonding shall not be an acceptable form of financial assurance under clause (i)(III). ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease. ``(ii) Form of compensation.--If the Secretary approves the petition under clause (i), the Secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition. ``(B) Objections.--If a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land, the Secretary shall respond in writing to the objections of the surface estate owner, including a description of the rationale for the amount.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. and (6) by inserting after paragraph (2) (as so designated) the following: ``(3) Additional requirements.-- ``(A) In general.--Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. ``(v) Sacred site.--The term `sacred site' means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease. ``(ii) Form of compensation.--If the Secretary approves the petition under clause (i), the Secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition. ``(B) Objections.--If a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land, the Secretary shall respond in writing to the objections of the surface estate owner, including a description of the rationale for the amount.

To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. ``(4) Local governments.--Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. ``(iii) Indian tribe.--The term `Indian Tribe' means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(C) Procedure.-- ``(i) Notice of intent to enter into agreement.--An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. ``(C) Payment of financial guarantee.-- ``(i) In general.--The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease.

Public Engagement Opportunity on Public Land Exploration Act of 2021 or the PEOPLE ACT of 2021 - Amends the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes. (Sec. 2) Authorizes a member of the public to submit to the Secretary of the Interior an expression of interest that identifies land Directs the Secretary of the Interior to: (1) conduct an analysis under the National Environmental Policy Act of 1969 (NEPA) before conducting a lease sale under this Act; and (2) provide public notice and comment before making a determination that an NEPA analysis is not required with respect to such a sale. (Sec. 3) Prohibits a parcel from being included Authorizes the Secretary of the Interior to authorize any operator to conduct exploration and drilling operations on covered land until the operator files with the Secretary a document, signed by the operator and the one or more surface estate owners, demonstrating that the operator has secured a written surface use agreement between the owner and the operator that meets specified requirements. Requires the agreement to provide for: (1) the use Directs the Secretary of the Interior to provide surface estate owners with: (1) a period of not less than 30 days to comment on the plans of operations of the operator; (2) an opportunity to participate in bond level determinations and bond release proceedings; (3) a chance to attend any onsite inspection carried out for the purpose of a bond release proceeding; (

S.1022

Foreign Trade and International Finance

Increasing American Jobs Through Greater Exports to Africa Act of 2021 This bill requires the President and specified agencies to take certain actions to increase U.S. exports to Africa. Specifically, the bill directs the President to establish a comprehensive U.S. strategy for public and private investment, trade, and development in Africa. The focus of this strategy must include (1) increasing exports of U.S. goods and services to Africa by at least 200% in real dollar value within 10 years, (2) promoting the alignment of U.S. commercial interests with development priorities in Africa, and (3) improving the competitiveness of U.S. businesses in Africa. Additionally, the bill directs the President to The bill requires the Department of Commerce to ensure specified levels of United States and Foreign Commercial Service officers in Africa. The bill directs the Export-Import Bank to increase the amount of financing for projects in Africa. The bank must also make capitalization available annually for loans that compete against certain foreign loans. The Small Business Administration's Office of International Trade must work closely with the Trade Promotion Coordinating Committee, among others, in maintaining a trade distribution network.

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing American Jobs Through Greater Exports to Africa Act of 2021''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) Export growth helps United States business grow and create United States jobs. Ninety-eight percent of United States exports came from approximately 300,000 small- and medium-sized businesses supporting 4,000,000 United States jobs. (2) In a February 5, 2021, message to an African leaders meeting at the African Union Summit, President Joseph R. Biden reaffirmed the United States relationship with African countries as partners in the continent-wide spirit of entrepreneurship and innovation. (3) Many countries have trade-distorting export promotion programs that aggressively subsidize exports to Africa and other countries around the world. In 2019, there were 115 known official export credit providers around the world, including export credit agencies, up from 85 in 2015--a 35 percent increase from 2015 to 2019. The increasing investment by foreign governments into export credit can threaten competitiveness of United States businesses abroad. (4) Between 2008 and 2019, the People's Republic of China alone provided more than $462,000,000,000 in loans to the developing world, and, in 2009, the People's Republic of China surpassed the United States as the leading trade partner of African countries. The Export-Import Bank of the United States reports the People's Republic of China's export finance activity is larger than all the other export credit agencies in the Group of 7 countries combined, making the People's Republic of China the world's largest official creditor with a portfolio more than twice the size of the World Bank and International Monetary Fund combined. (5) The Export-Import Bank of the United States supported $12,400,000,000 worth of transactions to sub-Saharan Africa from 2009 to 2019, while in 2018, the People's Republic of China made up 22 percent of public debt stock, and, in 2020, the People's Republic of China made up 29 percent of debt service in low-income countries in Africa. The People's Republic of China accounts for a quarter or more of all public and publicly guaranteed debt in Angola, Djibouti, Cameroon, the Republic of the Congo, Ethiopia, Kenya, and Zambia. (6) The practice of the People's Republic of China of concessional financing runs contrary to the principles of the Organisation for Economic Co-operation and Development related to open market rates, undermines naturally competitive rates, and incentivizes governments in Africa to overlook the People's Republic of China's troubling record on labor practices, human rights, and environmental impact. (7) Sixty percent of Africa's approximately 1,250,000,000 people are under the age of 25, and by the year 2050, one-third of global youth will be in sub-Saharan Africa. By 2030, Africa will have 17 cities with more than 5,000,000 inhabitants, as well as 90 cities with populations of at least 1,000,000. Both are factors contributing to rising household consumption predicted to reach approximately $2,500,000,000,000 by 2030. (8) When countries such as the People's Republic of China assist with large-scale government projects, they often gain access to valuable commodities such as oil and copper, typically without regard to environmental, human rights, labor, or governance standards. (b) Purpose.--The purpose of this Act is to create jobs in the United States by expanding programs that will result in increasing United States exports to Africa by 200 percent in real dollar value within 10 years. SEC. 3. DEFINITIONS. In this Act: (1) Africa.--The term ``Africa'' refers to the entire continent of Africa and its 54 countries, including the Republic of South Sudan. (2) African diaspora.--The term ``African diaspora'' means the people of African origin living in the United States, irrespective of their citizenship and nationality, who are willing to contribute to the development of Africa. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Finance of the Senate; and (B) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Ways and Means of the House of Representatives. (4) Development agencies.--The term ``development agencies'' includes the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks. (5) Multilateral development banks.--The term ``multilateral development banks'' has the meaning given that term in section 1701(c)(4) of the International Financial Institutions Act (22 U.S.C. 262r(c)(4)) and includes the African Development Foundation. (6) Sub-saharan region.--The term ``sub-Saharan region'' refers to the 49 countries listed in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706). (7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. (8) Trade promotion coordinating committee.--The term ``Trade Promotion Coordinating Committee'' means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727). (9) United states and foreign commercial service.--The term ``United States and Foreign Commercial Service'' means the United States and Foreign Commercial Service established by section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721). SEC. 4. STRATEGY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa. (b) Focus of Strategy.--The strategy required by subsection (a) shall focus on-- (1) increasing exports of United States goods and services to Africa by 200 percent in real dollar value within 10 years from the date of the enactment of this Act; (2) promoting the alignment of United States commercial interests with development priorities in Africa; (3) developing relationships between the governments of countries in Africa and United States businesses that have an expertise in such issues as critical energy security, infrastructure development, technology, telecommunications, and agriculture; (4) improving the competitiveness of United States businesses in Africa, including by encouraging the adoption of United States construction codes and product standards, with emphasis on those designated as American National Standards by the American National Standards Institute where applicable; (5) exploring the role the African diaspora can play in enhancing competitiveness of United States businesses in Africa and ways that African diaspora remittances can help communities in Africa tackle economic, development, and infrastructure financing needs; (6) promoting economic integration in Africa through working with the subregional economic communities, supporting efforts for deeper integration through the development of customs unions within western and central Africa and within eastern and southern Africa, eliminating time-consuming border formalities into and within these areas, and supporting regionally based infrastructure projects; (7) encouraging a greater understanding among United States business and financial communities of the opportunities Africa holds for United States exports; (8) fostering partnership opportunities between United States and African small- and medium-sized enterprises; (9) supporting African entrepreneurship and private sector development as a means to sustainable economic growth and security; and (10) monitoring-- (A) market loan rates and the availability of capital for United States business investment in Africa; (B) loan rates offered by the governments of other countries for investment in Africa; and (C) the policies of other countries with respect to export financing for investment in Africa that are predatory or distort markets. (c) Consultations.--In developing the strategy required by subsection (a), the President shall consult with-- (1) Congress; (2) each agency that is a member of the Trade Promotion Coordinating Committee; (3) the relevant multilateral development banks, in coordination with the Secretary of the Treasury and the respective United States Executive Directors of such banks; (4) each agency that participates in the Trade Policy Staff Committee; (5) the President's Export Council; (6) each of the development agencies; (7) any other Federal agencies with responsibility for export promotion or financing and development; and (8) the private sector, including businesses, nongovernmental organizations, and African diaspora groups. (d) Submission to Congress.-- (1) Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). (2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). (3) Content of report.--The report required by paragraph (2) shall include an accounting of all current United States Government programs to promote exports to and trade with Africa and to assist United States businesses competing in the African market as well as an assessment of the extent to which the strategy required by subsection (a)-- (A) has been successful in developing critical analyses of policies to increase exports to Africa; (B) has been successful in increasing the competitiveness of United States businesses in Africa; (C) has been successful in creating jobs in the United States, including the nature and sustainability of such jobs; (D) has provided sufficient United States Government support to meet third-country competition in the region; (E) has been successful in helping the African diaspora in the United States participate in economic growth in Africa; (F) has been successful in promoting economic integration in Africa; (G) has encouraged specific policies and programs in Africa that provide a stable, safe, and transparent environment in which business and entrepreneurship can thrive; and (H) has made a meaningful contribution to the transformation of Africa and its full integration into the 21st century world economy, not only as a supplier of primary products but also as full participant in international supply and distribution chains and as a consumer of international goods and services. SEC. 5. SPECIAL AFRICA EXPORT STRATEGY COORDINATOR. The President shall designate an individual to serve as Special Africa Export Strategy Coordinator-- (1) to oversee the development and implementation of the strategy required by section 4; and (2) to coordinate with the Trade Promotion Coordinating Committee, the Assistant United States Trade Representative for African Affairs, and development agencies with respect to developing and implementing the strategy. SEC. 6. TRADE MISSION TO AFRICA. It is the sense of Congress that, not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct a joint trade mission to Africa. SEC. 7. PERSONNEL. (a) United States and Foreign Commercial Service.-- (1) In general.--The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. (2) Assignment.--The Secretary shall, in consultation with the Trade Promotion Coordinating Committee and the Special Africa Export Strategy Coordinator, assign the United States and Foreign Commercial Service officers described in paragraph (1) to United States embassies or consulates in Africa after conducting a timely resource allocation analysis that represents a forward-looking assessment of future United States trade opportunities in Africa. (3) Multilateral development banks.-- (A) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of Commerce shall, using existing staff, assign not less than 1 full-time United States and Foreign Commercial Service officer to be split between the office of the United States Executive Director at the World Bank and the African Development Bank. (B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. (b) Export-Import Bank of the United States.--Of the amounts collected by the Export-Import Bank that remain after paying the expenses the Bank is authorized to pay from such amounts for administrative expenses, the Bank shall use sufficient funds to do the following: (1) Increase the number of staff dedicated to expanding business development for Africa, including increasing the number of business development trips the Bank conducts to Africa and the amount of time staff spends in Africa to meet the goals set forth in section 9 and paragraph (5) of section 6(a) of the Export-Import Bank of 1945, as added by section 9(a)(2). (2) Maintain an appropriate number of employees of the Bank assigned to United States field offices of the Bank to be distributed as geographically appropriate through the United States. Such offices shall coordinate with the related export efforts undertaken by the Small Business Administration regional field offices. (3) Upgrade the Bank's equipment and software to more expeditiously, effectively, and efficiently process and track applications for financing received by the Bank. (c) United States International Development Finance Corporation.-- (1) Staffing.--Of the net offsetting collections collected by the United States International Development Finance Corporation and used for administrative expenses, the Corporation shall use sufficient funds to increase by not more than 2 the staff needed to promote stable and sustainable economic growth and development in Africa, to strengthen and expand the private sector in Africa, and to facilitate the general economic development of Africa, with a particular focus on helping United States businesses expand into African markets. (2) Report.--The Corporation shall report to the appropriate congressional committees on whether recent technology upgrades have resulted in more effective and efficient processing and tracking of applications for financing received by the Corporation. (3) Certain costs not considered administrative expenses.-- For purposes of this subsection, systems infrastructure costs associated with activities authorized by the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9601 et seq.) shall not be considered administrative expenses. (d) Rule of Construction.--Nothing in this section shall be construed as permitting the reduction of personnel of the Department of Commerce, the Department of State, the Export-Import Bank of the United States, or the United States International Development Finance Corporation or the alteration of planned personnel increases in other regions, except where a personnel decrease was previously anticipated or where decreased export opportunities justify personnel reductions. SEC. 8. TRAINING. The President shall develop a plan-- (1) to standardize the training received by United States and Foreign Commercial Service officers, economic officers of the Department of State, and economic officers of the United States Agency for International Development with respect to the programs and procedures of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Small Business Administration, and the United States Trade and Development Agency; and (2) to ensure that, not later than 1 year after the date of the enactment of this Act-- (A) all United States and Foreign Commercial Service officers that are stationed overseas receive the training described in paragraph (1); and (B) in the case of a country to which no United States and Foreign Commercial Service officer is assigned, any economic officer of the Department of State stationed in that country receives that training. SEC. 9. EXPORT-IMPORT BANK FINANCING. (a) Financing for Projects in Africa.-- (1) Sense of congress.--It is the sense of Congress that foreign export credit agencies are providing financing in Africa that is not compliant with the Arrangement of the Organisation for Economic Co-operation and Development, which is trade distorting and threatens United States jobs. (2) In general.--Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end the following: ``(5) Percent of financing to be used for projects in africa.--The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year's financing for each of the first 5 fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2021.''. (3) Report required.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank of the United States shall submit to the committees specified in subsection (d) a report if the Bank has not used at least 10 percent of its lending capabilities for projects in Africa as described in paragraph (5) of section 6(a) of the Export-Import Bank of 1945, as added by paragraph (2), during the preceding year. (B) Elements.--Each report required by subparagraph (A) shall include a description of-- (i) the reasons why the Bank failed to reach the goal described in that subparagraph; and (ii) all final applications for projects in Africa that the Bank did not support. (b) Availability of Portion of Capitalization To Compete Against Foreign Concessional Loans.-- (1) In general.--The Bank shall make available annually such amounts as are necessary for loans that counter trade- distorting financing that is not compliant with the Arrangement of the Organisation for Economic Co-operation and Development or preferential, tied aid, or other related non-market loans offered by other countries with which United States businesses are also competing or interested in competing. (2) Report required.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank shall submit to the committees specified in subsection (d) a report on all loans made or rejected by the Bank during the preceding year that were considered to counter trade-distorting financing that is not compliant with the Arrangement of the Organisation for Economic Co- operation and Development and was offered by other countries to its firms. (B) Inclusion.--Each report required by subparagraph (A) shall include a description of the terms of the financing described in that subparagraph offered by other countries to firms that competed against the United States firms. (c) Trade Secrets Act.--A report required by subsection (a)(3) or subsection (b)(2) may not disclose any information that is confidential or business proprietary, or that would violate section 1905 of title 18, United States Code (commonly referred to as the ``Trade Secrets Act''). (d) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. SEC. 10. SMALL BUSINESS ADMINISTRATION. Section 22(b) of the Small Business Act (15 U.S.C. 649(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Director of the United States Trade and Development Agency,'' and inserting ``the Director of the United States Trade and Development Agency, the Trade Promotion Coordinating Committee,''; and (2) in paragraph (3), by inserting ``regional offices of the Export-Import Bank of the United States,'' after ``Retired Executives,''. SEC. 11. BILATERAL, SUBREGIONAL, AND REGIONAL, AND MULTILATERAL AGREEMENTS. (a) In General.--Where applicable, the President shall explore opportunities to negotiate bilateral, subregional, and regional agreements that encourage trade and eliminate nontariff barriers to trade between countries, such as negotiating investor-friendly double- taxation treaties and investment promotion agreements. (b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (c) Consideration of Objectives.--United States negotiators in multilateral fora should take into account the objectives of this Act. <all>

Increasing American Jobs Through Greater Exports to Africa Act of 2021

A bill to create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes.

Increasing American Jobs Through Greater Exports to Africa Act of 2021

Sen. Durbin, Richard J.

D

IL

This bill requires the President and specified agencies to take certain actions to increase U.S. exports to Africa. Specifically, the bill directs the President to establish a comprehensive U.S. strategy for public and private investment, trade, and development in Africa. The focus of this strategy must include (1) increasing exports of U.S. goods and services to Africa by at least 200% in real dollar value within 10 years, (2) promoting the alignment of U.S. commercial interests with development priorities in Africa, and (3) improving the competitiveness of U.S. businesses in Africa. Additionally, the bill directs the President to The bill requires the Department of Commerce to ensure specified levels of United States and Foreign Commercial Service officers in Africa. The bill directs the Export-Import Bank to increase the amount of financing for projects in Africa. The bank must also make capitalization available annually for loans that compete against certain foreign loans. The Small Business Administration's Office of International Trade must work closely with the Trade Promotion Coordinating Committee, among others, in maintaining a trade distribution network.

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. SHORT TITLE. 2. FINDINGS; PURPOSE. The increasing investment by foreign governments into export credit can threaten competitiveness of United States businesses abroad. (4) Between 2008 and 2019, the People's Republic of China alone provided more than $462,000,000,000 in loans to the developing world, and, in 2009, the People's Republic of China surpassed the United States as the leading trade partner of African countries. (6) The practice of the People's Republic of China of concessional financing runs contrary to the principles of the Organisation for Economic Co-operation and Development related to open market rates, undermines naturally competitive rates, and incentivizes governments in Africa to overlook the People's Republic of China's troubling record on labor practices, human rights, and environmental impact. 3. (4) Development agencies.--The term ``development agencies'' includes the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks. (6) Sub-saharan region.--The term ``sub-Saharan region'' refers to the 49 countries listed in section 107 of the African Growth and Opportunity Act (19 U.S.C. (8) Trade promotion coordinating committee.--The term ``Trade Promotion Coordinating Committee'' means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. (2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). 5. SPECIAL AFRICA EXPORT STRATEGY COORDINATOR. 6. 7. PERSONNEL. (a) United States and Foreign Commercial Service.-- (1) In general.--The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. shall not be considered administrative expenses. 8. TRAINING. 9. EXPORT-IMPORT BANK FINANCING. (B) Elements.--Each report required by subparagraph (A) shall include a description of-- (i) the reasons why the Bank failed to reach the goal described in that subparagraph; and (ii) all final applications for projects in Africa that the Bank did not support. (d) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 10. Section 22(b) of the Small Business Act (15 U.S.C. SEC. BILATERAL, SUBREGIONAL, AND REGIONAL, AND MULTILATERAL AGREEMENTS.

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. 2. FINDINGS; PURPOSE. The increasing investment by foreign governments into export credit can threaten competitiveness of United States businesses abroad. (4) Between 2008 and 2019, the People's Republic of China alone provided more than $462,000,000,000 in loans to the developing world, and, in 2009, the People's Republic of China surpassed the United States as the leading trade partner of African countries. 3. (4) Development agencies.--The term ``development agencies'' includes the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks. (8) Trade promotion coordinating committee.--The term ``Trade Promotion Coordinating Committee'' means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. (2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). 5. SPECIAL AFRICA EXPORT STRATEGY COORDINATOR. 6. 7. PERSONNEL. (a) United States and Foreign Commercial Service.-- (1) In general.--The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. shall not be considered administrative expenses. 8. TRAINING. 9. EXPORT-IMPORT BANK FINANCING. (d) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 10. Section 22(b) of the Small Business Act (15 U.S.C. SEC. BILATERAL, SUBREGIONAL, AND REGIONAL, AND MULTILATERAL AGREEMENTS.

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. SHORT TITLE. This Act may be cited as the ``Increasing American Jobs Through Greater Exports to Africa Act of 2021''. 2. FINDINGS; PURPOSE. In 2019, there were 115 known official export credit providers around the world, including export credit agencies, up from 85 in 2015--a 35 percent increase from 2015 to 2019. The increasing investment by foreign governments into export credit can threaten competitiveness of United States businesses abroad. (4) Between 2008 and 2019, the People's Republic of China alone provided more than $462,000,000,000 in loans to the developing world, and, in 2009, the People's Republic of China surpassed the United States as the leading trade partner of African countries. (6) The practice of the People's Republic of China of concessional financing runs contrary to the principles of the Organisation for Economic Co-operation and Development related to open market rates, undermines naturally competitive rates, and incentivizes governments in Africa to overlook the People's Republic of China's troubling record on labor practices, human rights, and environmental impact. 3. (4) Development agencies.--The term ``development agencies'' includes the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks. (6) Sub-saharan region.--The term ``sub-Saharan region'' refers to the 49 countries listed in section 107 of the African Growth and Opportunity Act (19 U.S.C. (7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. (8) Trade promotion coordinating committee.--The term ``Trade Promotion Coordinating Committee'' means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. (2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). 5. SPECIAL AFRICA EXPORT STRATEGY COORDINATOR. 6. 7. PERSONNEL. (a) United States and Foreign Commercial Service.-- (1) In general.--The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. Such offices shall coordinate with the related export efforts undertaken by the Small Business Administration regional field offices. shall not be considered administrative expenses. 8. TRAINING. 9. EXPORT-IMPORT BANK FINANCING. (B) Elements.--Each report required by subparagraph (A) shall include a description of-- (i) the reasons why the Bank failed to reach the goal described in that subparagraph; and (ii) all final applications for projects in Africa that the Bank did not support. (d) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 10. Section 22(b) of the Small Business Act (15 U.S.C. SEC. BILATERAL, SUBREGIONAL, AND REGIONAL, AND MULTILATERAL AGREEMENTS.

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. SHORT TITLE. This Act may be cited as the ``Increasing American Jobs Through Greater Exports to Africa Act of 2021''. 2. FINDINGS; PURPOSE. In 2019, there were 115 known official export credit providers around the world, including export credit agencies, up from 85 in 2015--a 35 percent increase from 2015 to 2019. The increasing investment by foreign governments into export credit can threaten competitiveness of United States businesses abroad. (4) Between 2008 and 2019, the People's Republic of China alone provided more than $462,000,000,000 in loans to the developing world, and, in 2009, the People's Republic of China surpassed the United States as the leading trade partner of African countries. The People's Republic of China accounts for a quarter or more of all public and publicly guaranteed debt in Angola, Djibouti, Cameroon, the Republic of the Congo, Ethiopia, Kenya, and Zambia. (6) The practice of the People's Republic of China of concessional financing runs contrary to the principles of the Organisation for Economic Co-operation and Development related to open market rates, undermines naturally competitive rates, and incentivizes governments in Africa to overlook the People's Republic of China's troubling record on labor practices, human rights, and environmental impact. Both are factors contributing to rising household consumption predicted to reach approximately $2,500,000,000,000 by 2030. 3. DEFINITIONS. (4) Development agencies.--The term ``development agencies'' includes the United States Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the United States International Development Finance Corporation, the United States Trade and Development Agency, the United States Department of Agriculture, and relevant multilateral development banks. (6) Sub-saharan region.--The term ``sub-Saharan region'' refers to the 49 countries listed in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706). (7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. (8) Trade promotion coordinating committee.--The term ``Trade Promotion Coordinating Committee'' means the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727). 4721). (2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). (3) Content of report.--The report required by paragraph (2) shall include an accounting of all current United States Government programs to promote exports to and trade with Africa and to assist United States businesses competing in the African market as well as an assessment of the extent to which the strategy required by subsection (a)-- (A) has been successful in developing critical analyses of policies to increase exports to Africa; (B) has been successful in increasing the competitiveness of United States businesses in Africa; (C) has been successful in creating jobs in the United States, including the nature and sustainability of such jobs; (D) has provided sufficient United States Government support to meet third-country competition in the region; (E) has been successful in helping the African diaspora in the United States participate in economic growth in Africa; (F) has been successful in promoting economic integration in Africa; (G) has encouraged specific policies and programs in Africa that provide a stable, safe, and transparent environment in which business and entrepreneurship can thrive; and (H) has made a meaningful contribution to the transformation of Africa and its full integration into the 21st century world economy, not only as a supplier of primary products but also as full participant in international supply and distribution chains and as a consumer of international goods and services. 5. SPECIAL AFRICA EXPORT STRATEGY COORDINATOR. 6. 7. PERSONNEL. (a) United States and Foreign Commercial Service.-- (1) In general.--The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. Such offices shall coordinate with the related export efforts undertaken by the Small Business Administration regional field offices. (2) Report.--The Corporation shall report to the appropriate congressional committees on whether recent technology upgrades have resulted in more effective and efficient processing and tracking of applications for financing received by the Corporation. 9601 et seq.) shall not be considered administrative expenses. 8. TRAINING. 9. EXPORT-IMPORT BANK FINANCING. (B) Elements.--Each report required by subparagraph (A) shall include a description of-- (i) the reasons why the Bank failed to reach the goal described in that subparagraph; and (ii) all final applications for projects in Africa that the Bank did not support. (d) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 10. Section 22(b) of the Small Business Act (15 U.S.C. SEC. 11. BILATERAL, SUBREGIONAL, AND REGIONAL, AND MULTILATERAL AGREEMENTS.

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. 2) In a February 5, 2021, message to an African leaders meeting at the African Union Summit, President Joseph R. Biden reaffirmed the United States relationship with African countries as partners in the continent-wide spirit of entrepreneurship and innovation. ( (4) Between 2008 and 2019, the People's Republic of China alone provided more than $462,000,000,000 in loans to the developing world, and, in 2009, the People's Republic of China surpassed the United States as the leading trade partner of African countries. The Export-Import Bank of the United States reports the People's Republic of China's export finance activity is larger than all the other export credit agencies in the Group of 7 countries combined, making the People's Republic of China the world's largest official creditor with a portfolio more than twice the size of the World Bank and International Monetary Fund combined. ( (6) The practice of the People's Republic of China of concessional financing runs contrary to the principles of the Organisation for Economic Co-operation and Development related to open market rates, undermines naturally competitive rates, and incentivizes governments in Africa to overlook the People's Republic of China's troubling record on labor practices, human rights, and environmental impact. ( 7) Sixty percent of Africa's approximately 1,250,000,000 people are under the age of 25, and by the year 2050, one-third of global youth will be in sub-Saharan Africa. (2) African diaspora.--The term ``African diaspora'' means the people of African origin living in the United States, irrespective of their citizenship and nationality, who are willing to contribute to the development of Africa. ( 5) Multilateral development banks.--The term ``multilateral development banks'' has the meaning given that term in section 1701(c)(4) of the International Financial Institutions Act (22 U.S.C. 262r(c)(4)) and includes the African Development Foundation. ( (7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( 9) United states and foreign commercial service.--The term ``United States and Foreign Commercial Service'' means the United States and Foreign Commercial Service established by section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721). d) Submission to Congress.-- (1) Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). ( 2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). SPECIAL AFRICA EXPORT STRATEGY COORDINATOR. The President shall designate an individual to serve as Special Africa Export Strategy Coordinator-- (1) to oversee the development and implementation of the strategy required by section 4; and (2) to coordinate with the Trade Promotion Coordinating Committee, the Assistant United States Trade Representative for African Affairs, and development agencies with respect to developing and implementing the strategy. a) United States and Foreign Commercial Service.-- (1) In general.--The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. ( (3) Multilateral development banks.-- (A) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of Commerce shall, using existing staff, assign not less than 1 full-time United States and Foreign Commercial Service officer to be split between the office of the United States Executive Director at the World Bank and the African Development Bank. ( B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( (2) Maintain an appropriate number of employees of the Bank assigned to United States field offices of the Bank to be distributed as geographically appropriate through the United States. 2) Report.--The Corporation shall report to the appropriate congressional committees on whether recent technology upgrades have resulted in more effective and efficient processing and tracking of applications for financing received by the Corporation. ( (d) Rule of Construction.--Nothing in this section shall be construed as permitting the reduction of personnel of the Department of Commerce, the Department of State, the Export-Import Bank of the United States, or the United States International Development Finance Corporation or the alteration of planned personnel increases in other regions, except where a personnel decrease was previously anticipated or where decreased export opportunities justify personnel reductions. EXPORT-IMPORT BANK FINANCING. (a) Financing for Projects in Africa.-- (1) Sense of congress.--It is the sense of Congress that foreign export credit agencies are providing financing in Africa that is not compliant with the Arrangement of the Organisation for Economic Co-operation and Development, which is trade distorting and threatens United States jobs. ( 2) In general.--Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end the following: ``(5) Percent of financing to be used for projects in africa.--The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year's financing for each of the first 5 fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2021.''. ( (B) Elements.--Each report required by subparagraph (A) shall include a description of-- (i) the reasons why the Bank failed to reach the goal described in that subparagraph; and (ii) all final applications for projects in Africa that the Bank did not support. ( B) Inclusion.--Each report required by subparagraph (A) shall include a description of the terms of the financing described in that subparagraph offered by other countries to firms that competed against the United States firms. (c) Trade Secrets Act.--A report required by subsection (a)(3) or subsection (b)(2) may not disclose any information that is confidential or business proprietary, or that would violate section 1905 of title 18, United States Code (commonly referred to as the ``Trade Secrets Act''). ( a) In General.--Where applicable, the President shall explore opportunities to negotiate bilateral, subregional, and regional agreements that encourage trade and eliminate nontariff barriers to trade between countries, such as negotiating investor-friendly double- taxation treaties and investment promotion agreements. (b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. ( c) Consideration of Objectives.--United States negotiators in multilateral fora should take into account the objectives of this Act.

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. a) Findings.--Congress makes the following findings: (1) Export growth helps United States business grow and create United States jobs. The Export-Import Bank of the United States reports the People's Republic of China's export finance activity is larger than all the other export credit agencies in the Group of 7 countries combined, making the People's Republic of China the world's largest official creditor with a portfolio more than twice the size of the World Bank and International Monetary Fund combined. (5) The Export-Import Bank of the United States supported $12,400,000,000 worth of transactions to sub-Saharan Africa from 2009 to 2019, while in 2018, the People's Republic of China made up 22 percent of public debt stock, and, in 2020, the People's Republic of China made up 29 percent of debt service in low-income countries in Africa. 7) Sixty percent of Africa's approximately 1,250,000,000 people are under the age of 25, and by the year 2050, one-third of global youth will be in sub-Saharan Africa. (2) African diaspora.--The term ``African diaspora'' means the people of African origin living in the United States, irrespective of their citizenship and nationality, who are willing to contribute to the development of Africa. ( 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( (a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa. ( d) Submission to Congress.-- (1) Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). ( 2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). SPECIAL AFRICA EXPORT STRATEGY COORDINATOR. It is the sense of Congress that, not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct a joint trade mission to Africa. (a) United States and Foreign Commercial Service.-- (1) In general.--The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. ( B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( (2) Maintain an appropriate number of employees of the Bank assigned to United States field offices of the Bank to be distributed as geographically appropriate through the United States. 2) Report.--The Corporation shall report to the appropriate congressional committees on whether recent technology upgrades have resulted in more effective and efficient processing and tracking of applications for financing received by the Corporation. ( EXPORT-IMPORT BANK FINANCING. ( 2) In general.--Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end the following: ``(5) Percent of financing to be used for projects in africa.--The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year's financing for each of the first 5 fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2021.''. (3) Report required.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank of the United States shall submit to the committees specified in subsection (d) a report if the Bank has not used at least 10 percent of its lending capabilities for projects in Africa as described in paragraph (5) of section 6(a) of the Export-Import Bank of 1945, as added by paragraph (2), during the preceding year. ( B) Inclusion.--Each report required by subparagraph (A) shall include a description of the terms of the financing described in that subparagraph offered by other countries to firms that competed against the United States firms. ( (d) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. a) Findings.--Congress makes the following findings: (1) Export growth helps United States business grow and create United States jobs. The Export-Import Bank of the United States reports the People's Republic of China's export finance activity is larger than all the other export credit agencies in the Group of 7 countries combined, making the People's Republic of China the world's largest official creditor with a portfolio more than twice the size of the World Bank and International Monetary Fund combined. (5) The Export-Import Bank of the United States supported $12,400,000,000 worth of transactions to sub-Saharan Africa from 2009 to 2019, while in 2018, the People's Republic of China made up 22 percent of public debt stock, and, in 2020, the People's Republic of China made up 29 percent of debt service in low-income countries in Africa. 7) Sixty percent of Africa's approximately 1,250,000,000 people are under the age of 25, and by the year 2050, one-third of global youth will be in sub-Saharan Africa. (2) African diaspora.--The term ``African diaspora'' means the people of African origin living in the United States, irrespective of their citizenship and nationality, who are willing to contribute to the development of Africa. ( 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( (a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa. ( d) Submission to Congress.-- (1) Strategy.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). ( 2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). SPECIAL AFRICA EXPORT STRATEGY COORDINATOR. It is the sense of Congress that, not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct a joint trade mission to Africa. (a) United States and Foreign Commercial Service.-- (1) In general.--The Secretary of Commerce shall ensure that not less than 10 total United States and Foreign Commercial Service officers are assigned to Africa for each of the first 5 fiscal years beginning after the date of the enactment of this Act. ( B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( (2) Maintain an appropriate number of employees of the Bank assigned to United States field offices of the Bank to be distributed as geographically appropriate through the United States. 2) Report.--The Corporation shall report to the appropriate congressional committees on whether recent technology upgrades have resulted in more effective and efficient processing and tracking of applications for financing received by the Corporation. ( EXPORT-IMPORT BANK FINANCING. ( 2) In general.--Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end the following: ``(5) Percent of financing to be used for projects in africa.--The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year's financing for each of the first 5 fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2021.''. (3) Report required.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank of the United States shall submit to the committees specified in subsection (d) a report if the Bank has not used at least 10 percent of its lending capabilities for projects in Africa as described in paragraph (5) of section 6(a) of the Export-Import Bank of 1945, as added by paragraph (2), during the preceding year. ( B) Inclusion.--Each report required by subparagraph (A) shall include a description of the terms of the financing described in that subparagraph offered by other countries to firms that competed against the United States firms. ( (d) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. The Export-Import Bank of the United States reports the People's Republic of China's export finance activity is larger than all the other export credit agencies in the Group of 7 countries combined, making the People's Republic of China the world's largest official creditor with a portfolio more than twice the size of the World Bank and International Monetary Fund combined. ( ( ( 7) Sixty percent of Africa's approximately 1,250,000,000 people are under the age of 25, and by the year 2050, one-third of global youth will be in sub-Saharan Africa. ( 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( ( 2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). 3) Multilateral development banks.-- (A) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of Commerce shall, using existing staff, assign not less than 1 full-time United States and Foreign Commercial Service officer to be split between the office of the United States Executive Director at the World Bank and the African Development Bank. ( B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( ( a) Financing for Projects in Africa.-- (1) Sense of congress.--It is the sense of Congress that foreign export credit agencies are providing financing in Africa that is not compliant with the Arrangement of the Organisation for Economic Co-operation and Development, which is trade distorting and threatens United States jobs. ( 2) In general.--Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end the following: ``(5) Percent of financing to be used for projects in africa.--The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year's financing for each of the first 5 fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2021.''. ( ( B) Elements.--Each report required by subparagraph (A) shall include a description of-- (i) the reasons why the Bank failed to reach the goal described in that subparagraph; and (ii) all final applications for projects in Africa that the Bank did not support. ( ( a) In General.--Where applicable, the President shall explore opportunities to negotiate bilateral, subregional, and regional agreements that encourage trade and eliminate nontariff barriers to trade between countries, such as negotiating investor-friendly double- taxation treaties and investment promotion agreements. ( b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( ( ( 2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( ( (3) Report required.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank of the United States shall submit to the committees specified in subsection (d) a report if the Bank has not used at least 10 percent of its lending capabilities for projects in Africa as described in paragraph (5) of section 6(a) of the Export-Import Bank of 1945, as added by paragraph (2), during the preceding year. ( b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. The Export-Import Bank of the United States reports the People's Republic of China's export finance activity is larger than all the other export credit agencies in the Group of 7 countries combined, making the People's Republic of China the world's largest official creditor with a portfolio more than twice the size of the World Bank and International Monetary Fund combined. ( ( ( 7) Sixty percent of Africa's approximately 1,250,000,000 people are under the age of 25, and by the year 2050, one-third of global youth will be in sub-Saharan Africa. ( 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( ( 2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). 3) Multilateral development banks.-- (A) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of Commerce shall, using existing staff, assign not less than 1 full-time United States and Foreign Commercial Service officer to be split between the office of the United States Executive Director at the World Bank and the African Development Bank. ( B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( ( a) Financing for Projects in Africa.-- (1) Sense of congress.--It is the sense of Congress that foreign export credit agencies are providing financing in Africa that is not compliant with the Arrangement of the Organisation for Economic Co-operation and Development, which is trade distorting and threatens United States jobs. ( 2) In general.--Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end the following: ``(5) Percent of financing to be used for projects in africa.--The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year's financing for each of the first 5 fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2021.''. ( ( B) Elements.--Each report required by subparagraph (A) shall include a description of-- (i) the reasons why the Bank failed to reach the goal described in that subparagraph; and (ii) all final applications for projects in Africa that the Bank did not support. ( ( a) In General.--Where applicable, the President shall explore opportunities to negotiate bilateral, subregional, and regional agreements that encourage trade and eliminate nontariff barriers to trade between countries, such as negotiating investor-friendly double- taxation treaties and investment promotion agreements. ( b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( ( ( 2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( ( (3) Report required.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank of the United States shall submit to the committees specified in subsection (d) a report if the Bank has not used at least 10 percent of its lending capabilities for projects in Africa as described in paragraph (5) of section 6(a) of the Export-Import Bank of 1945, as added by paragraph (2), during the preceding year. ( b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( ( 3) Multilateral development banks.-- (A) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of Commerce shall, using existing staff, assign not less than 1 full-time United States and Foreign Commercial Service officer to be split between the office of the United States Executive Director at the World Bank and the African Development Bank. ( B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( ( 635e(a)) is amended by adding at the end the following: ``(5) Percent of financing to be used for projects in africa.--The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year's financing for each of the first 5 fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2021.''. ( ( b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( ( ( 2) Progress report.--Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by subsection (a). B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( ( (3) Report required.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Export-Import Bank of the United States shall submit to the committees specified in subsection (d) a report if the Bank has not used at least 10 percent of its lending capabilities for projects in Africa as described in paragraph (5) of section 6(a) of the Export-Import Bank of 1945, as added by paragraph (2), during the preceding year. ( b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. 7) Trade policy staff committee.--The term ``Trade Policy Staff Committee'' means the Trade Policy Staff Committee established pursuant to section 2002.2 of title 15, Code of Federal Regulations, which is composed of representatives of Federal agencies in charge of developing and coordinating United States positions on international trade and trade- related investment issues. ( ( 3) Multilateral development banks.-- (A) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary of Commerce shall, using existing staff, assign not less than 1 full-time United States and Foreign Commercial Service officer to be split between the office of the United States Executive Director at the World Bank and the African Development Bank. ( B) Responsibilities.--Each United States and Foreign Commercial Service officer assigned under subparagraph (A) shall be responsible for-- (i) increasing the access of United States businesses to procurement contracts with the multilateral development bank to which the officer is assigned; and (ii) facilitating the access of United States businesses to risk insurance, equity investments, consulting services, and lending provided by that bank. ( ( 635e(a)) is amended by adding at the end the following: ``(5) Percent of financing to be used for projects in africa.--The Bank shall, to the extent that there are acceptable final applications, increase the amount it finances to Africa over the prior year's financing for each of the first 5 fiscal years beginning after the date of the enactment of the Increasing American Jobs Through Greater Exports to Africa Act of 2021.''. ( ( b) Agreements With African Countries.--To the extent any agreement described in subsection (a) exists between the United States and an African country, the President shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for United States trade, export, and labor interests as well as the economic development of the countries in Africa. (

Increasing American Jobs Through Greater Exports to Africa Act of 2021 This bill directs the Department of Commerce to: (1) increase U.S. exports to Africa by at least 200% in real dollar value within 10 years; and (2) provide for the establishment of an African Export-Import Bank. The bill also authorizes the President to award grants to the African Development Bank Directs the President to establish a comprehensive U.S. strategy for public and private investment, trade, and development in Africa. (Sec. 4) Requires the President, within 10 years after the enactment of this Act, to report to Congress on the implementation of such strategy. (SEC. 5) Directs the Secretary of the Treasury to establish an African Trade and Investment Task Force This bill directs the Department of Commerce to assign at least one full-time U.S. and Foreign Commercial Service officer to be split between the office of the United States Executive Director at the World Bank and the African Development Bank to be responsible for: (1) increasing the access of American businesses to procurement contracts with multilateral development banks; and (2) facilitating the access Amends the Small Business Act to direct the President to: (1) explore opportunities to negotiate bilateral, subregional, and regional agreements that encourage trade and eliminate nontariff barriers to trade between countries; and (2) ensure that any agreement exists between the United States and an African country is being implemented in a manner that maximizes the positive effects for U.S. trade

H.R.1010

Commerce

Ushering Progress by Leveraging Innovation and Future Technology Act of 2021 or the UPLIFT Act of 2021 This bill requires the Small Business Administration (SBA) to establish the Innovation Centers Program for providing assistance to startups and new or growing small businesses. Under the program, the SBA may enter into cooperative agreements to provide financial assistance to historically Black colleges and universities, minority-serving institutions, and community colleges. Such entities must then undertake five-year projects operating as an innovation-focused small business accelerator or incubator. These projects must involve working with underserved groups, include the joint provision of programs and services by the entities and the SBA, and ensure participating small businesses have access to regulatory information that affects them.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ushering Progress by Leveraging Innovation and Future Technology Act of 2021'' or the ``UPLIFT Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (3) The Kauffman Foundation also found that the percentage of startups in rural communities has dropped from 20 percent in the 1980s to 12.2 percent. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (5) According to PitchBook, around 2 percent of all venture capital funding goes to businesses with women founders. (6) According to Crunchbase, less than 3 percent of all venture capital funding goes to businesses with Black and Hispanic founders. (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. SEC. 3. PURPOSES. The purposes of the Innovation Centers Program established under section 49 of the Small Business Act, as added by this Act, are to-- (1) spur economic growth in underserved communities by creating good paying jobs and pathways to prosperity; (2) increase prospects for success for small business concerns in underserved communities, which often suffer from higher business failure rates than the national average; (3) help create a pipeline for small business concerns in underserved and rural markets into high-growth sectors, where they are generally underrepresented; (4) help address the multi-decade decline in the rate of new business creation; (5) close the gaps that underserved small business concerns often have in terms of revenue and number of employees, which represent lost opportunity for the economy of the United States; and (6) encourage collaboration between the Small Business Administration and institutions of higher learning that serve low-income and minority communities. SEC. 4. INNOVATION CENTERS PROGRAM. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 49 as section 50; and (2) by inserting after section 48 the following: ``SEC. 49. INNOVATION CENTERS PROGRAM. ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(2) Federally recognized area of economic distress.--The term `federally recognized area of economic distress' means-- ``(A) a HUBZone, as that term is defined in section 31(b); or ``(B) an area that has been designated as-- ``(i) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; ``(ii) a Promise Zone by the Secretary of Housing and Urban Development; or ``(iii) a low-income neighborhood or moderate-income neighborhood for purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.). ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(5) Individuals with a disability.--The term `individuals with a disability' means more than 1 individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). ``(6) Eligible entity.--The term `eligible entity' means-- ``(A) an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); or ``(B) a junior or community college, as defined in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). ``(7) Rural area.--The term `rural area' has the meaning given the term in section 7(m)(11). ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(b) Establishment.--Not later than 1 year after the date of enactment of the Ushering Progress by Leveraging Innovation and Future Technology Act of 2021, the Administrator shall develop and begin implementing a program (to be known as the `Innovation Centers Program') to enter into cooperative agreements with eligible entities under this section. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(2) Project requirements.--A project conducted under a cooperative agreement under this section shall-- ``(A) include operating as an accelerator, an incubator, or any other small business innovation- focused project as the Administrator approves; ``(B) be carried out in such locations as to provide maximum accessibility and benefits to the small business concerns that the project is intended to serve; ``(C) have a full-time staff, including a full-time director who shall-- ``(i) have the authority to make expenditures under the budget of the project; and ``(ii) manage the activities carried out under the project; ``(D) include the joint provision of programs and services by the eligible entity and the Administration, which-- ``(i) shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, pursuant to an executed cooperative agreement between the eligible entity and the Administration; and ``(ii) shall include-- ``(I) one-to-one individual counseling, as described in section 21(c)(3)(A); and ``(II) a formal, structured mentorship program; ``(E) incorporate continuous upgrades and modifications to the services and programs offered under the project, as needed to meet the changing and evolving needs of the business community; ``(F) involve working with underserved groups, which include-- ``(i) women; ``(ii) socially and economically disadvantaged individuals; ``(iii) veterans; ``(iv) individuals with disabilities; or ``(v) startup, newly established, or growing small business concerns located in rural areas; ``(G) not impose or otherwise collect a fee or other compensation in connection with participation in the programs and services described in subparagraph (D)(ii); and ``(H) ensure that small business concerns participating in the project have access, including through resource partners, to information concerning Federal, State, and local regulations that affect small business concerns. ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(C) Priority.--In allocating funds made available for cooperative agreements under this section, the Administrator shall give applications under this paragraph priority over first-time applications for cooperative agreements under paragraph (1)(A). ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(5) Scope of authority.-- ``(A) Subject to appropriations.--The authority of the Administrator to enter into cooperative agreements under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(d) Criteria.-- ``(1) In general.--The Administrator shall-- ``(A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include-- ``(i) whether the proposed project will be located in-- ``(I) a federally recognized area of economic distress; ``(II) a rural area; or ``(III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and ``(ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including-- ``(I) investment and lending organizations; ``(II) nongovernmental organizations; ``(III) programs of State and local governments that are concerned with aiding small business concerns; ``(IV) Federal agencies; and ``(V) for-profit organizations with an expertise in small business innovation; ``(B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and ``(C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). ``(2) Contents.--The criteria established under paragraph (1)(A)-- ``(A) for eligible entities that have in operation an accelerator, incubator, or other small business innovation-focused project shall include the record of the eligible entity in assisting growing, newly established, and startup small business concerns, including, for each of the 3 full years before the date on which the eligible entity applies for a cooperative agreement under this section, or if the accelerator, incubator, or other small business innovation-focused project has been in operation for less than 3 years, for the most recent full year the accelerator, incubator, or other small business innovation-focused project was in operation-- ``(i) the number and retention rate of growing, newly established, and startup business concerns in the program of the eligible entity; ``(ii) the average period of participation by growing, newly established, and startup small business concerns in the program of the eligible entity; ``(iii) the total and median capital raised by growing, newly established, and startup small business concerns participating in the program of the eligible entity; ``(iv) the number of investments or loans received by growing, newly established, and startup small business concerns participating in the program of the eligible entity; and ``(v) the total and median number of employees of growing, newly established, and startup small business concerns participating in the program of the eligible entity; and ``(B) for all eligible entities-- ``(i) shall include whether the eligible entity-- ``(I) indicates the structure and goals of the project; ``(II) demonstrates ties to the business community; ``(III) identifies the resources available for the project; ``(IV) describes the capabilities of the project, including coordination with local resource partners and local or national lending partners of the Administration; ``(V) addresses the unique business and economic challenges faced by the community in which the eligible entity is located and businesses in that community; or ``(VI) provides a proposed budget and plan for use of funds; and ``(ii) may include any other criteria determined appropriate by the Administrator. ``(e) Program Examination.-- ``(1) In general.--The Administrator shall-- ``(A) develop and implement an annual programmatic and financial examination of each project conducted under this section, under which each eligible entity entering into a cooperative agreement under this section shall provide to the Administrator-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and ``(ii) documentation regarding-- ``(I) the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the matching requirement; and ``(II) with respect to any in-kind contributions that were used to satisfy the matching requirement, verification of the existence and valuation of those contributions; and ``(B) analyze the results of each examination conducted under subparagraph (A) and, based on that analysis, make a determination regarding the programmatic and financial viability of each eligible entity. ``(2) Conditions for continued funding.--In determining whether to continue or renew a cooperative agreement under this section, the Administrator-- ``(A) shall consider the results of the most recent examination of the project under paragraph (1); and ``(B) may terminate or not renew a cooperative agreement, if the Administrator determines that the eligible entity has failed to provide any information required to be provided (including information provide for purpose of the annual report by the Administrator under subsection (m)) or the information provided by the eligible entity is inadequate. ``(f) Training and Technical Assistance.--The Administrator-- ``(1) shall provide in person or online training and technical assistance to each eligible entity entering into a cooperative agreement under this section at the beginning of the participation of the eligible entity in the Innovation Centers Program in order to build the capacity of the eligible entity and ensure compliance with procedures established by the Administrator; ``(2) shall ensure that the training and technical assistance described in paragraph (1) is provided at no cost or at a low cost; and ``(3) may enter into a contract to provide the training or technical assistance described in paragraph (1) with 1 or more organizations with expertise in the entrepreneurial development programs of the Administration, innovation, and entrepreneurial development. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(h) Funding Limit.--The amount of financial assistance provided to an eligible entity under a cooperative agreement entered into under this section shall be not more than $400,000 during each year. ``(i) Matching Requirement.-- ``(1) In general.--An eligible entity shall contribute toward the cost of the project carried out under the cooperative agreement under this section an amount equal to 50 percent of the amount received under the cooperative agreement. ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. ``(3) Waiver.-- ``(A) In general.--If the Administrator determines that an eligible entity is unable to meet the contribution requirement under paragraph (1), the Administrator may reduce the required contribution. ``(B) Presumption.--An eligible entity shall be presumed to be unable to meet the contribution requirement under paragraph (1) if the eligible entity has-- ``(i) long-term debt in an amount that is less than $10,000,000; ``(ii) an invested market endowment in an amount that is less than $15,000,000; or ``(iii) total net liquid assets in an amount that is less than $15,000,000. ``(4) Failure to obtain non-federal funding.--If an eligible entity fails to obtain the required non-Federal contribution during any project, or the reduced non-Federal contribution as determined by the Administrator-- ``(A) the eligible entity shall not be eligible thereafter for any other project for which it is or may be funded by the Administration; and ``(B) before approving assistance for the eligible entity for any other projects, the Administrator shall specifically determine whether the Administrator believes that the eligible entity will be able to obtain the requisite non-Federal funding and enter a written finding setting the forth the reasons for making that determination. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(j) Contract Authority.-- ``(1) In general.--An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. ``(2) Performance.--Performance of a contract entered into under paragraph (1) may not hinder the eligible entity in carrying out the terms of the cooperative agreement under this section. ``(3) Exemption from matching requirement.--A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(k) Privacy Requirements.-- ``(1) In general.--An eligible entity may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless-- ``(A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of an eligible entity, but a disclosure under this subparagraph shall be limited to the information necessary for such audit. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(3) Regulations.--The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B). ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. ``(m) Annual Reporting.--Not later than 1 year after the date on which the Administrator establishes the program under this section, and annually thereafter, the Administrator shall submit to Congress a report on the activities under the program, including-- ``(1) the number of startup, newly established, and growing small business concerns participating in the project carried out by each eligible entity under a cooperative agreement under this section (in this paragraph referred to as `participants'), including a breakdown of the owners of the participants by race, gender, veteran status, and urban versus rural location; ``(2) the retention rate for participants; ``(3) the total and median amount of capital accessed by participants, including the type of capital accessed; ``(4) the total and median number of employees of participants; ``(5) the number and median wage of jobs created by participants; ``(6) the number of jobs sustained by participants; and ``(7) information regarding such other metrics as the Administrator determines appropriate. ``(n) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``(2) Administrative expenses.--Of the amount made available to carry out this section for any fiscal year, not more than 10 percent may be used by the Administrator for administrative expenses.''. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a). <all>

Ushering Progress by Leveraging Innovation and Future Technology Act of 2021

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities.

UPLIFT Act of 2021 Ushering Progress by Leveraging Innovation and Future Technology Act of 2021

Rep. Mfume, Kweisi

D

MD

This bill requires the Small Business Administration (SBA) to establish the Innovation Centers Program for providing assistance to startups and new or growing small businesses. Under the program, the SBA may enter into cooperative agreements to provide financial assistance to historically Black colleges and universities, minority-serving institutions, and community colleges. Such entities must then undertake five-year projects operating as an innovation-focused small business accelerator or incubator. These projects must involve working with underserved groups, include the joint provision of programs and services by the entities and the SBA, and ensure participating small businesses have access to regulatory information that affects them.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 2. FINDINGS. Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. 3. PURPOSES. SEC. 4. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) INNOVATION CENTERS PROGRAM. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(j) Contract Authority.-- ``(1) In general.--An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 2. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. 3. PURPOSES. SEC. 4. (a) In General.--The Small Business Act (15 U.S.C. INNOVATION CENTERS PROGRAM. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. 3. PURPOSES. SEC. 4. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) INNOVATION CENTERS PROGRAM. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(5) Individuals with a disability.--The term `individuals with a disability' means more than 1 individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(d) Criteria.-- ``(1) In general.--The Administrator shall-- ``(A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include-- ``(i) whether the proposed project will be located in-- ``(I) a federally recognized area of economic distress; ``(II) a rural area; or ``(III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and ``(ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including-- ``(I) investment and lending organizations; ``(II) nongovernmental organizations; ``(III) programs of State and local governments that are concerned with aiding small business concerns; ``(IV) Federal agencies; and ``(V) for-profit organizations with an expertise in small business innovation; ``(B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and ``(C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(j) Contract Authority.-- ``(1) In general.--An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. ``(3) Exemption from matching requirement.--A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. SHORT TITLE. This Act may be cited as the ``Ushering Progress by Leveraging Innovation and Future Technology Act of 2021'' or the ``UPLIFT Act of 2021''. 2. FINDINGS. Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. 3. PURPOSES. SEC. 4. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) INNOVATION CENTERS PROGRAM. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(5) Individuals with a disability.--The term `individuals with a disability' means more than 1 individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). 1058). ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(d) Criteria.-- ``(1) In general.--The Administrator shall-- ``(A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include-- ``(i) whether the proposed project will be located in-- ``(I) a federally recognized area of economic distress; ``(II) a rural area; or ``(III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and ``(ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including-- ``(I) investment and lending organizations; ``(II) nongovernmental organizations; ``(III) programs of State and local governments that are concerned with aiding small business concerns; ``(IV) Federal agencies; and ``(V) for-profit organizations with an expertise in small business innovation; ``(B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and ``(C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). ``(e) Program Examination.-- ``(1) In general.--The Administrator shall-- ``(A) develop and implement an annual programmatic and financial examination of each project conducted under this section, under which each eligible entity entering into a cooperative agreement under this section shall provide to the Administrator-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and ``(ii) documentation regarding-- ``(I) the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the matching requirement; and ``(II) with respect to any in-kind contributions that were used to satisfy the matching requirement, verification of the existence and valuation of those contributions; and ``(B) analyze the results of each examination conducted under subparagraph (A) and, based on that analysis, make a determination regarding the programmatic and financial viability of each eligible entity. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(j) Contract Authority.-- ``(1) In general.--An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. ``(3) Exemption from matching requirement.--A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. ( (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. INNOVATION CENTERS PROGRAM. ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(2) Federally recognized area of economic distress.--The term `federally recognized area of economic distress' means-- ``(A) a HUBZone, as that term is defined in section 31(b); or ``(B) an area that has been designated as-- ``(i) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; ``(ii) a Promise Zone by the Secretary of Housing and Urban Development; or ``(iii) a low-income neighborhood or moderate-income neighborhood for purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.). ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(b) Establishment.--Not later than 1 year after the date of enactment of the Ushering Progress by Leveraging Innovation and Future Technology Act of 2021, the Administrator shall develop and begin implementing a program (to be known as the `Innovation Centers Program') to enter into cooperative agreements with eligible entities under this section. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(C) Priority.--In allocating funds made available for cooperative agreements under this section, the Administrator shall give applications under this paragraph priority over first-time applications for cooperative agreements under paragraph (1)(A). ``(5) Scope of authority.-- ``(A) Subject to appropriations.--The authority of the Administrator to enter into cooperative agreements under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(h) Funding Limit.--The amount of financial assistance provided to an eligible entity under a cooperative agreement entered into under this section shall be not more than $400,000 during each year. ``(i) Matching Requirement.-- ``(1) In general.--An eligible entity shall contribute toward the cost of the project carried out under the cooperative agreement under this section an amount equal to 50 percent of the amount received under the cooperative agreement. ``(3) Waiver.-- ``(A) In general.--If the Administrator determines that an eligible entity is unable to meet the contribution requirement under paragraph (1), the Administrator may reduce the required contribution. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Performance.--Performance of a contract entered into under paragraph (1) may not hinder the eligible entity in carrying out the terms of the cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. ``(n) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``(2) Administrative expenses.--Of the amount made available to carry out this section for any fiscal year, not more than 10 percent may be used by the Administrator for administrative expenses.''. ( b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. ( INNOVATION CENTERS PROGRAM. ( ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. ( INNOVATION CENTERS PROGRAM. ( ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. ( INNOVATION CENTERS PROGRAM. ( ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

Ushering Progress by Leveraging Innovation and Future Technology Act of 2021 or the UPLIFT Act of 2019 This bill amends the Small Business Act to establish the Innovation Centers Program to provide mentorship and instruction to scale businesses in underserved communities. The purposes of the program are to: (1) spur economic growth by creating good paying jobs and pathways to prosperity; (2) Authorizes the Administrator of the Small Business Administration (SBA) to enter into cooperative agreements with eligible entities to carry out small business innovation-focused projects. Requires a project to: (1) include operating as an accelerator, an incubator, or any other small business innovator; (2) be carried out in such locations as to provide maximum accessibility and benefits to the small business Authorizes the Administrator of the Small Business Administration (SBA) to enter into cooperative agreements with up to nine entities that have in operation an accelerator, incubator, or other small business innovation-focused project to assist growing, newly established, and startup small business concerns. (Currently, an eligible entity may only participate in a cooperative agreement if it has been in operation for less than three Authorizes an eligible entity to enter into a contract with a federal department or agency to provide specific assistance to startup, newly established, or growing small businesses. (Currently, such assistance may only be provided through a cooperative agreement.) (Sec. 3) Exempts a contract from the matching requirement for small business, woman-owned business, or socially and economically disadvantaged business contracting goals.

S.2206

Taxation

Young American Savers Act of 2021 This bill directs the Department of the Treasury to establish as a permanent program the Federal Child Savings Account Program not later than December 31, 2022. A program account shall be tax-exempt and distributions from an account shall be excludible from a child's gross income. The program allows the parent or guardian of a child under the age of 18 and a U.S. resident to make contributions to an account for the child's educational expenses. An account may also fund a Roth Individual Retirement account and an ABLE (i.e., Achieving a Better Life Experience) account for disabled individuals. Distributions from such accounts may begin on the earlier of the date such child attains the age of 26, receives an associate's or bachelor's degree, or enlists in active duty miliary service.

To create Federal child savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Young American Savers Act of 2021''. SEC. 2. ESTABLISHMENT OF CHILD SAVINGS ACCOUNT PROGRAM. (a) Establishment of Program.--The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the ``Federal Child Savings Account Program'', which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. (b) Program Specifications.-- (1) In general.-- (A) Savings accounts.--The Federal Child Savings Account Program established under this section shall-- (i) permit the parent or guardian of an eligible individual to establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of the individual; (ii) establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of-- (I) eligible individuals who are in foster care, in coordination with the Administration for Children and Families; and (II) other eligible individuals on whose behalf no account has been established by a parent or guardian under clause (i) as of the time the first deposit under paragraph (4)(A) is due to be made on behalf of such individuals, and notify such individuals of the establishment of such accounts; (iii) require the assets of each savings account established under the program to be held by the designated custodian; (iv) within the limitations of paragraph (3), permit contributions to be made periodically to such savings accounts by direct deposit through payroll deduction or by electronic means, and by methods that provide access for the unbanked; (v) provide for the annual deposit under paragraph (4) and the matching contributions under paragraph (5) to be made to such savings accounts, if applicable; (vi) as provided in subsection (c), permit distributions and rollovers from such savings accounts upon request of the parent or guardian of the individual on whose behalf the account is established before the individual has attained age 18, or upon request of such individual after such individual has attained age 18; (vii) include procedures to consolidate multiple accounts established for the same individual and return excess contributions on an annual basis, with notice provided to the parent or guardian of the individual (or, if appropriate, to the individual) and a procedure for resolution of disputes; and (viii) ensure that such savings accounts are invested solely in United States Treasury bonds. (B) Regulations, etc.--The Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the Federal Child Savings Account Program, and are consistent with this section and section 529B of the Internal Revenue Code of 1986, including-- (i) rules regarding the provision of periodic notices to individuals and parents or guardians of individuals, as appropriate, on whose behalf accounts are established under the program, including information on account balances and activity; (ii) rules regarding beneficiary designation in the case of the death of the individual on whose behalf an account was established; and (iii) coordination rules permitting savings accounts to be established under the Federal Child Savings Account Program in connection with State and local laws that provide contributions to savings accounts for residents. (C) Pilot program for deposits made with federal partners.--The Secretary of the Treasury may, in fulfillment of subparagraph (A)(iv), establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the Federal Government to accept cash deposits from customers and to remit such deposits to the Treasury for payment into savings accounts under the Federal Child Savings Account Program. (2) No fees.--No fees shall be assessed on participants in the Federal Child Savings Account Program. (3) Limitations.-- (A) Contribution minimum.--The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. (B) Contribution limitation.-- (i) In general.--Contributions to a savings account under the Federal Child Savings Account Program during any taxable year (other than the contribution made under paragraph (4)) shall not be accepted to the extent such contributions exceed $2,500. (ii) Phaseout.--The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. (C) Limitation on participation.--Within a reasonable amount of time before the date an eligible individual attains age 17, the designated custodian shall provide notice to the eligible individual and the parent or guardian of the eligible individual that-- (i) no deposits under paragraph (4) or (5) will be made for calendar years after the year in which the individual attains age 17; (ii) no further contributions made by any person will be accepted after the date the individual attains age 26; and (iii) the individual (or, as provided, the individual's parent or guardian) may elect to have the account balance rolled over or distributed as provided, and at the time specified, in subsection (c). (4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. (B) Phaseout.--The $500 amount under subparagraph (A) shall be reduced (but not below zero) by $25 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $100,000. (C) Deposit on behalf of children in foster care.-- At an appropriate time each year as determined by the Secretary of the Treasury in coordination with the Administration for Children and Families, such Secretary shall deposit $500 into the savings account established under such Program for any eligible individual in foster care in any State with respect to whom no deposit was made for such year under subparagraph (A). (5) Matching contributions.--If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (7) State.--For purposes of this section, the term ``State'' includes the District of Columbia, any possession of the United States, and any Indian tribe (as defined in section 45A(c)(6) of the Internal Revenue Code of 1986). (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. The permanent program shall provide for investment of account balances solely within United States Treasury bonds and shall not charge any fees to account owners. (9) Inflation adjustments.-- (A) In general.--In the case of any calendar year after 2023, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(C), and the $250 amount in paragraph (5) shall each be increased by an amount equal to-- (i) such dollar amount; multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting ``calendar year 2022'' for ``calendar year 2016'' in subparagraph (A)(ii) thereof. (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. (10) Accounts may not be assigned.--An account established on behalf of an individual under the Federal Child Savings Account Program may not be pledged or assigned to any other person. (11) Modified adjusted gross income.--For purposes of this subsection, the term ``modified adjusted gross income'' means adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) increased by-- (A) any amount excluded from gross income under section 911 of such Code, (B) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and (C) an amount equal to the portion of the taxpayer's social security benefits (as defined in section 86(d) of such Code) which is not included in gross income under such section 86 for the taxable year. (c) Distributions From Savings Account.-- (1) In general.--After the earlier of-- (A) the date the individual on whose behalf the savings account under the Federal Child Savings Account Program was established attains age 26; or (B) the date such individual receives a bachelor's degree or associate's degree, or enlists in active duty military service of the United States, amounts in such account may be contributed in a direct transfer to a Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986) or a designated Roth account (within the meaning of section 402A of such Code) according to the rules of the Internal Revenue Code of 1986, or distributed to the individual in cash. (2) Distributions for higher education expenses.--Without regard to the date requirements of paragraph (1), a portion of the amount in a savings account established under the Federal Child Savings Account Program may be distributed in cash to the individual or to the parent or guardian of the individual for the payment of qualified higher education expenses of the individual at an eligible educational institution. The aggregate amount so distributed shall not exceed 50 percent of the amount in such account as of the due date for the first payment of tuition for the enrollment of the individual on whose behalf the account is established as an eligible student at such eligible educational institution. (3) Contribution to able account.--Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible Individual.--For purposes of this section, the term ``eligible individual'' means a child who has not attained age 18 and is a resident of the United States. (e) Treatment of Accounts Under Certain Federal Programs.-- (1) Account funds disregarded for purposes of certain other means-tested federal programs.--Notwithstanding any other provision of Federal law that requires consideration of one or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in an individual's account established under the Federal Child Savings Account Program, any contributions to such account, and any distribution (or portion thereof) which is exempt from the tax under section 529B(d)(3) of the Internal Revenue Code of 1986 shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such account, except that-- (A) a distribution for qualified acquisition costs (within the meaning of section 529B(d)(3)(C)(ii) of such Code) shall not be so disregarded; and (B) any amount (including such earnings) in such account shall be considered a resource of the individual to the extent that such amount exceeds $100,000. (2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). (B) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. (f) Disclosure of Taxpayer Information.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information for purposes of administration of the federal child savings account program.-- The Secretary shall disclose to any officer or employee of the Department of the Treasury, as necessary for the administration of the Federal Child Savings Account Program established under section 2(a) of the Young American Savers Act of 2021, return information relating to taxpayer identity, dependents, adjusted gross income, and whether the taxpayer has claimed the earned income credit under section 32 for the taxable year.''. (2) Prohibition of redisclosure.--Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking ``or (21)'' and inserting ``(21), or (23)''. (g) Child Savings Account Program.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 529A the following new section: ``SEC. 529B. CHILD SAVINGS ACCOUNT PROGRAM. ``(a) General Rule.--The Federal Child Savings Account Program shall be exempt from taxation under this subtitle. ``(b) Federal Child Savings Account Program.--For purposes of this title, the term `Federal Child Savings Account Program' means the program established under section 2(a) of the Young American Savers Act of 2021. ``(c) Treatment of Contributions and Earnings.-- ``(1) In general.--No amount shall be includible in gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, with respect to any earnings under the program. ``(2) Governmental and matching contributions.--Gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, shall not include the amount of any deposit made to the individual's account under the program pursuant to section 2(b)(4)(A), 2(b)(4)(C), or 2(b)(5) of the Young American Savers Act of 2021. ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021. ``(2) Treatment of rollovers.-- ``(A) Roth iras.--Any contribution from the Federal Child Savings Account Program to a Roth IRA permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another Roth IRA as described in section 408A(e)(1)(A), and ``(ii) as having been contributed to such Roth IRA in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 408(d)(3). ``(B) Designated roth accounts.--Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and ``(ii) as having been contributed to such designated Roth account in a direct trustee-to- trustee transfer within 60 days of the distribution for purposes of section 402(c). ``(C) ABLE accounts.--Any contribution from the Federal Child Savings Account Program to an ABLE account permitted under section 2(c)(3) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another ABLE account as described in section 529A(c)(1)(C)(i), and ``(ii) as having been contributed to such ABLE account within 60 days of the distribution for purposes of such section. ``(3) Tax on nonqualified use.-- ``(A) In general.--The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. ``(B) Distributions from roth ira.--If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 2(c)(1) of the Young American Savers Act of 2021, the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. ``(C) Qualified expenses.--For purposes of subparagraphs (A) and (B), the term `qualified expenses' means amounts paid or incurred by an individual-- ``(i) as collateral required for a loan provided by the Small Business Administration, ``(ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or ``(iii) for qualified higher education expenses of the individual at an eligible educational institution. ``(4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section.''. (h) Clerical Amendment.--The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 529A the following new item: ``Sec. 529B. Child Savings Account Program.''. (i) Appropriation.--There is hereby appropriated to the Secretary of the Treasury, to remain available until spent without fiscal year limitation-- (1) $100,000,000 for technology and technology systems necessary for the implementation and administration of the Federal Child Savings Account Program; (2) $25,000,000 for each fiscal year beginning with fiscal year 2022 for the administration of the Federal Child Savings Account Program; and (3) such sums as are necessary to make contributions to Federal Child Savings Accounts as required under paragraphs (4)(A), (4)(C), and (5) of subsection (c). <all>

Young American Savers Act of 2021

A bill to create Federal child savings accounts, and for other purposes.

Young American Savers Act of 2021

Sen. Casey, Robert P., Jr.

D

PA

This bill directs the Department of the Treasury to establish as a permanent program the Federal Child Savings Account Program not later than December 31, 2022. A program account shall be tax-exempt and distributions from an account shall be excludible from a child's gross income. The program allows the parent or guardian of a child under the age of 18 and a U.S. resident to make contributions to an account for the child's educational expenses. An account may also fund a Roth Individual Retirement account and an ABLE (i.e., Achieving a Better Life Experience) account for disabled individuals. Distributions from such accounts may begin on the earlier of the date such child attains the age of 26, receives an associate's or bachelor's degree, or enlists in active duty miliary service.

SEC. 2. (ii) Phaseout.--The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible Individual.--For purposes of this section, the term ``eligible individual'' means a child who has not attained age 18 and is a resident of the United States. (B) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. CHILD SAVINGS ACCOUNT PROGRAM. ``(a) General Rule.--The Federal Child Savings Account Program shall be exempt from taxation under this subtitle. ``(B) Distributions from roth ira.--If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 2(c)(1) of the Young American Savers Act of 2021, the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. ``(C) Qualified expenses.--For purposes of subparagraphs (A) and (B), the term `qualified expenses' means amounts paid or incurred by an individual-- ``(i) as collateral required for a loan provided by the Small Business Administration, ``(ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or ``(iii) for qualified higher education expenses of the individual at an eligible educational institution. 529B.

SEC. 2. (ii) Phaseout.--The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible Individual.--For purposes of this section, the term ``eligible individual'' means a child who has not attained age 18 and is a resident of the United States. CHILD SAVINGS ACCOUNT PROGRAM. ``(B) Distributions from roth ira.--If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 2(c)(1) of the Young American Savers Act of 2021, the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. 529B.

SEC. 2. (a) Establishment of Program.--The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the ``Federal Child Savings Account Program'', which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. (ii) Phaseout.--The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. The permanent program shall provide for investment of account balances solely within United States Treasury bonds and shall not charge any fees to account owners. (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible Individual.--For purposes of this section, the term ``eligible individual'' means a child who has not attained age 18 and is a resident of the United States. (B) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. (2) Prohibition of redisclosure.--Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking ``or (21)'' and inserting ``(21), or (23)''. CHILD SAVINGS ACCOUNT PROGRAM. ``(a) General Rule.--The Federal Child Savings Account Program shall be exempt from taxation under this subtitle. ``(c) Treatment of Contributions and Earnings.-- ``(1) In general.--No amount shall be includible in gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, with respect to any earnings under the program. ``(B) Distributions from roth ira.--If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 2(c)(1) of the Young American Savers Act of 2021, the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. ``(C) Qualified expenses.--For purposes of subparagraphs (A) and (B), the term `qualified expenses' means amounts paid or incurred by an individual-- ``(i) as collateral required for a loan provided by the Small Business Administration, ``(ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or ``(iii) for qualified higher education expenses of the individual at an eligible educational institution. (h) Clerical Amendment.--The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 529A the following new item: ``Sec. 529B.

SEC. 2. (a) Establishment of Program.--The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the ``Federal Child Savings Account Program'', which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. (ii) Phaseout.--The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. (C) Limitation on participation.--Within a reasonable amount of time before the date an eligible individual attains age 17, the designated custodian shall provide notice to the eligible individual and the parent or guardian of the eligible individual that-- (i) no deposits under paragraph (4) or (5) will be made for calendar years after the year in which the individual attains age 17; (ii) no further contributions made by any person will be accepted after the date the individual attains age 26; and (iii) the individual (or, as provided, the individual's parent or guardian) may elect to have the account balance rolled over or distributed as provided, and at the time specified, in subsection (c). (C) Deposit on behalf of children in foster care.-- At an appropriate time each year as determined by the Secretary of the Treasury in coordination with the Administration for Children and Families, such Secretary shall deposit $500 into the savings account established under such Program for any eligible individual in foster care in any State with respect to whom no deposit was made for such year under subparagraph (A). Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (8) Deposit of matching contributions into roth ira.--If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. The permanent program shall provide for investment of account balances solely within United States Treasury bonds and shall not charge any fees to account owners. (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. (4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible Individual.--For purposes of this section, the term ``eligible individual'' means a child who has not attained age 18 and is a resident of the United States. (B) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. (2) Prohibition of redisclosure.--Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking ``or (21)'' and inserting ``(21), or (23)''. CHILD SAVINGS ACCOUNT PROGRAM. ``(a) General Rule.--The Federal Child Savings Account Program shall be exempt from taxation under this subtitle. ``(c) Treatment of Contributions and Earnings.-- ``(1) In general.--No amount shall be includible in gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, with respect to any earnings under the program. ``(C) ABLE accounts.--Any contribution from the Federal Child Savings Account Program to an ABLE account permitted under section 2(c)(3) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another ABLE account as described in section 529A(c)(1)(C)(i), and ``(ii) as having been contributed to such ABLE account within 60 days of the distribution for purposes of such section. ``(B) Distributions from roth ira.--If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 2(c)(1) of the Young American Savers Act of 2021, the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. ``(C) Qualified expenses.--For purposes of subparagraphs (A) and (B), the term `qualified expenses' means amounts paid or incurred by an individual-- ``(i) as collateral required for a loan provided by the Small Business Administration, ``(ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or ``(iii) for qualified higher education expenses of the individual at an eligible educational institution. (h) Clerical Amendment.--The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 529A the following new item: ``Sec. 529B.

To create Federal child savings accounts, and for other purposes. a) Establishment of Program.--The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the ``Federal Child Savings Account Program'', which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. C) Pilot program for deposits made with federal partners.--The Secretary of the Treasury may, in fulfillment of subparagraph (A)(iv), establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the Federal Government to accept cash deposits from customers and to remit such deposits to the Treasury for payment into savings accounts under the Federal Child Savings Account Program. ( 2) No fees.--No fees shall be assessed on participants in the Federal Child Savings Account Program. (3) Limitations.-- (A) Contribution minimum.--The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. ( B) Contribution limitation.-- (i) In general.--Contributions to a savings account under the Federal Child Savings Account Program during any taxable year (other than the contribution made under paragraph (4)) shall not be accepted to the extent such contributions exceed $2,500. ( (4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. ( B) Phaseout.--The $500 amount under subparagraph (A) shall be reduced (but not below zero) by $25 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $100,000. ( (5) Matching contributions.--If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. 6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. ( The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. 9) Inflation adjustments.-- (A) In general.--In the case of any calendar year after 2023, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(C), and the $250 amount in paragraph (5) shall each be increased by an amount equal to-- (i) such dollar amount; multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting ``calendar year 2022'' for ``calendar year 2016'' in subparagraph (A)(ii) thereof. ( (10) Accounts may not be assigned.--An account established on behalf of an individual under the Federal Child Savings Account Program may not be pledged or assigned to any other person. ( 2) Distributions for higher education expenses.--Without regard to the date requirements of paragraph (1), a portion of the amount in a savings account established under the Federal Child Savings Account Program may be distributed in cash to the individual or to the parent or guardian of the individual for the payment of qualified higher education expenses of the individual at an eligible educational institution. The aggregate amount so distributed shall not exceed 50 percent of the amount in such account as of the due date for the first payment of tuition for the enrollment of the individual on whose behalf the account is established as an eligible student at such eligible educational institution. (3) Contribution to able account.--Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). ( 4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. ( (2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). ( B) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. ( (2) Prohibition of redisclosure.--Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking ``or (21)'' and inserting ``(21), or (23)''. ( ``(b) Federal Child Savings Account Program.--For purposes of this title, the term `Federal Child Savings Account Program' means the program established under section 2(a) of the Young American Savers Act of 2021. ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021. ``(2) Treatment of rollovers.-- ``(A) Roth iras.--Any contribution from the Federal Child Savings Account Program to a Roth IRA permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another Roth IRA as described in section 408A(e)(1)(A), and ``(ii) as having been contributed to such Roth IRA in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 408(d)(3). ``(C) ABLE accounts.--Any contribution from the Federal Child Savings Account Program to an ABLE account permitted under section 2(c)(3) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another ABLE account as described in section 529A(c)(1)(C)(i), and ``(ii) as having been contributed to such ABLE account within 60 days of the distribution for purposes of such section. ``(3) Tax on nonqualified use.-- ``(A) In general.--The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. ``(C) Qualified expenses.--For purposes of subparagraphs (A) and (B), the term `qualified expenses' means amounts paid or incurred by an individual-- ``(i) as collateral required for a loan provided by the Small Business Administration, ``(ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or ``(iii) for qualified higher education expenses of the individual at an eligible educational institution. ``(4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section.''. (

To create Federal child savings accounts, and for other purposes. a) Establishment of Program.--The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the ``Federal Child Savings Account Program'', which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. C) Pilot program for deposits made with federal partners.--The Secretary of the Treasury may, in fulfillment of subparagraph (A)(iv), establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the Federal Government to accept cash deposits from customers and to remit such deposits to the Treasury for payment into savings accounts under the Federal Child Savings Account Program. ( 3) Limitations.-- (A) Contribution minimum.--The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. ( 4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. ( 5) Matching contributions.--If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. Such deposit shall be made in addition to the deposit under paragraph (4). ( 6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. ( (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. ( 10) Accounts may not be assigned.--An account established on behalf of an individual under the Federal Child Savings Account Program may not be pledged or assigned to any other person. ( The aggregate amount so distributed shall not exceed 50 percent of the amount in such account as of the due date for the first payment of tuition for the enrollment of the individual on whose behalf the account is established as an eligible student at such eligible educational institution. ( 4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. ( 2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). ( B) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. 2) Prohibition of redisclosure.--Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking ``or (21)'' and inserting ``(21), or (23)''. ( ``(b) Federal Child Savings Account Program.--For purposes of this title, the term `Federal Child Savings Account Program' means the program established under section 2(a) of the Young American Savers Act of 2021. ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021. ``(B) Designated roth accounts.--Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and ``(ii) as having been contributed to such designated Roth account in a direct trustee-to- trustee transfer within 60 days of the distribution for purposes of section 402(c). The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. ``(C) Qualified expenses.--For purposes of subparagraphs (A) and (B), the term `qualified expenses' means amounts paid or incurred by an individual-- ``(i) as collateral required for a loan provided by the Small Business Administration, ``(ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or ``(iii) for qualified higher education expenses of the individual at an eligible educational institution.

To create Federal child savings accounts, and for other purposes. a) Establishment of Program.--The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the ``Federal Child Savings Account Program'', which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. C) Pilot program for deposits made with federal partners.--The Secretary of the Treasury may, in fulfillment of subparagraph (A)(iv), establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the Federal Government to accept cash deposits from customers and to remit such deposits to the Treasury for payment into savings accounts under the Federal Child Savings Account Program. ( 3) Limitations.-- (A) Contribution minimum.--The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. ( 4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. ( 5) Matching contributions.--If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. Such deposit shall be made in addition to the deposit under paragraph (4). ( 6) Designated custodian.--For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. ( (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. ( 10) Accounts may not be assigned.--An account established on behalf of an individual under the Federal Child Savings Account Program may not be pledged or assigned to any other person. ( The aggregate amount so distributed shall not exceed 50 percent of the amount in such account as of the due date for the first payment of tuition for the enrollment of the individual on whose behalf the account is established as an eligible student at such eligible educational institution. ( 4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. ( 2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). ( B) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. 2) Prohibition of redisclosure.--Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking ``or (21)'' and inserting ``(21), or (23)''. ( ``(b) Federal Child Savings Account Program.--For purposes of this title, the term `Federal Child Savings Account Program' means the program established under section 2(a) of the Young American Savers Act of 2021. ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021. ``(B) Designated roth accounts.--Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and ``(ii) as having been contributed to such designated Roth account in a direct trustee-to- trustee transfer within 60 days of the distribution for purposes of section 402(c). The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. ``(C) Qualified expenses.--For purposes of subparagraphs (A) and (B), the term `qualified expenses' means amounts paid or incurred by an individual-- ``(i) as collateral required for a loan provided by the Small Business Administration, ``(ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or ``(iii) for qualified higher education expenses of the individual at an eligible educational institution.

To create Federal child savings accounts, and for other purposes. 3) Limitations.-- (A) Contribution minimum.--The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. ( ( (4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. ( 5) Matching contributions.--If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. ( The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. 9) Inflation adjustments.-- (A) In general.--In the case of any calendar year after 2023, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(C), and the $250 amount in paragraph (5) shall each be increased by an amount equal to-- (i) such dollar amount; multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting ``calendar year 2022'' for ``calendar year 2016'' in subparagraph (A)(ii) thereof. ( ( ( 2) Distributions for higher education expenses.--Without regard to the date requirements of paragraph (1), a portion of the amount in a savings account established under the Federal Child Savings Account Program may be distributed in cash to the individual or to the parent or guardian of the individual for the payment of qualified higher education expenses of the individual at an eligible educational institution. 3) Contribution to able account.--Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). ( ( (2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). ( ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021. ``(2) Treatment of rollovers.-- ``(A) Roth iras.--Any contribution from the Federal Child Savings Account Program to a Roth IRA permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another Roth IRA as described in section 408A(e)(1)(A), and ``(ii) as having been contributed to such Roth IRA in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 408(d)(3). ``(3) Tax on nonqualified use.-- ``(A) In general.--The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. ``(4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section.''. (

To create Federal child savings accounts, and for other purposes. 4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. ( ( (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. ( ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021. ``(B) Designated roth accounts.--Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and ``(ii) as having been contributed to such designated Roth account in a direct trustee-to- trustee transfer within 60 days of the distribution for purposes of section 402(c). The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution.

To create Federal child savings accounts, and for other purposes. 4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. ( ( The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. 9) Inflation adjustments.-- (A) In general.--In the case of any calendar year after 2023, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(C), and the $250 amount in paragraph (5) shall each be increased by an amount equal to-- (i) such dollar amount; multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting ``calendar year 2022'' for ``calendar year 2016'' in subparagraph (A)(ii) thereof. ( ( ( 3) Contribution to able account.--Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). ( ( (2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). ( ``(2) Treatment of rollovers.-- ``(A) Roth iras.--Any contribution from the Federal Child Savings Account Program to a Roth IRA permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another Roth IRA as described in section 408A(e)(1)(A), and ``(ii) as having been contributed to such Roth IRA in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 408(d)(3). ``(3) Tax on nonqualified use.-- ``(A) In general.--The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. ``(4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section.''. (

To create Federal child savings accounts, and for other purposes. 4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. ( ( (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. ( ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021. ``(B) Designated roth accounts.--Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and ``(ii) as having been contributed to such designated Roth account in a direct trustee-to- trustee transfer within 60 days of the distribution for purposes of section 402(c). The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution.

To create Federal child savings accounts, and for other purposes. The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. ( ( ( 3) Contribution to able account.--Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). ( ( ( 2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). ( ``(3) Tax on nonqualified use.-- ``(A) In general.--The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. ``(4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section.''. (

To create Federal child savings accounts, and for other purposes. 4) Annual deposit.-- (A) In general.--Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. ( ( (B) Rounding.--If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. ( ``(d) Treatment of Distributions.-- ``(1) In general.--Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021. ``(B) Designated roth accounts.--Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated-- ``(i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and ``(ii) as having been contributed to such designated Roth account in a direct trustee-to- trustee transfer within 60 days of the distribution for purposes of section 402(c). The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution.

To create Federal child savings accounts, and for other purposes. The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. ( ( ( 3) Contribution to able account.--Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). ( ( ( 2) Suspension of ssi benefits during periods of excessive account funds.-- (A) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). ( ``(3) Tax on nonqualified use.-- ``(A) In general.--The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. ``(4) Definitions.--Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section.''. (

Young American Savers Act of 2021 - Directs the Secretary of the Treasury to establish a permanent program to establish and maintain a savings account on behalf of eligible individuals. (Sec. 2) Authorizes the Secretary to: (1) establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the federal government to accept cash deposits from customers This bill requires the Department of the Treasury to establish a permanent program that creates and maintains a Roth Individual Retirement Account (Roth IRA) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of such contribution. The permanent program Amends the Internal Revenue Code to: (1) exempt the Federal Child Savings Account Program from taxation; (2) suspend the benefits of an individual under the supplemental security income program (SSI) by reason of excess resources attributable to an account established under the program; and (3) treat an individual who would be receiving SSI benefits but for the application of this Act as if Amends the Internal Revenue Code to increase the tax on nonqualified use of a tax-exempt individual retirement account (Roth IRA) to 20% of the amount of any distribution other than a rollover from an account under the Federal Child Savings Account Program (FCSAP) unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the

S.64

Commerce

Ushering Progress by Leveraging Innovation and Future Technology Act of 2021 or the UPLIFT Act of 2021 This bill requires the Small Business Administration (SBA) to establish the Innovation Centers Program for providing assistance to startups and new or growing small businesses. Under the program, the SBA may enter into cooperative agreements to provide financial assistance to historically Black colleges and universities, minority-serving institutions, and community colleges. Such entities must then undertake five-year projects operating as an innovation-focused small business accelerator or incubator. These projects must involve working with underserved groups, include the joint provision of programs and services by the entities and the SBA, and ensure participating small businesses have access to regulatory information that affects them.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ushering Progress by Leveraging Innovation and Future Technology Act of 2021'' or the ``UPLIFT Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (3) The Kauffman Foundation also found that the percentage of startups in rural communities has dropped from 20 percent in the 1980s to 12.2 percent. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (5) According to PitchBook, around 2 percent of all venture capital funding goes to businesses with women founders. (6) According to Crunchbase, less than 3 percent of all venture capital funding goes to businesses with Black and Hispanic founders. (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. SEC. 3. PURPOSES. The purposes of the Innovation Centers Program established under section 49 of the Small Business Act, as added by this Act, are to-- (1) spur economic growth in underserved communities by creating good paying jobs and pathways to prosperity; (2) increase prospects for success for small business concerns in underserved communities, which often suffer from higher business failure rates than the national average; (3) help create a pipeline for small business concerns in underserved and rural markets into high-growth sectors, where they are generally underrepresented; (4) help address the multi-decade decline in the rate of new business creation; (5) close the gaps that underserved small business concerns often have in terms of revenue and number of employees, which represent lost opportunity for the economy of the United States; and (6) encourage collaboration between the Small Business Administration and institutions of higher learning that serve low-income and minority communities. SEC. 4. INNOVATION CENTERS PROGRAM. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 49 as section 50; and (2) by inserting after section 48 the following: ``SEC. 49. INNOVATION CENTERS PROGRAM. ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(2) Federally recognized area of economic distress.--The term `federally recognized area of economic distress' means-- ``(A) a HUBZone, as that term is defined in section 31(b); or ``(B) an area that has been designated as-- ``(i) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; ``(ii) a Promise Zone by the Secretary of Housing and Urban Development; or ``(iii) a low-income neighborhood or moderate-income neighborhood for purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.). ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(5) Individuals with a disability.--The term `individuals with a disability' means more than 1 individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). ``(6) Eligible entity.--The term `eligible entity' means-- ``(A) an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); or ``(B) a junior or community college, as defined in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). ``(7) Rural area.--The term `rural area' has the meaning given the term in section 7(m)(11). ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(b) Establishment.--Not later than 1 year after the date of enactment of the Ushering Progress by Leveraging Innovation and Future Technology Act of 2021, the Administrator shall develop and begin implementing a program (to be known as the `Innovation Centers Program') to enter into cooperative agreements with eligible entities under this section. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(2) Project requirements.--A project conducted under a cooperative agreement under this section shall-- ``(A) include operating as an accelerator, an incubator, or any other small business innovation- focused project as the Administrator approves; ``(B) be carried out in such locations as to provide maximum accessibility and benefits to the small business concerns that the project is intended to serve; ``(C) have a full-time staff, including a full-time director who shall-- ``(i) have the authority to make expenditures under the budget of the project; and ``(ii) manage the activities carried out under the project; ``(D) include the joint provision of programs and services by the eligible entity and the Administration, which-- ``(i) shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, pursuant to an executed cooperative agreement between the eligible entity and the Administration; and ``(ii) shall include-- ``(I) one-to-one individual counseling, as described in section 21(c)(3)(A); and ``(II) a formal, structured mentorship program; ``(E) incorporate continuous upgrades and modifications to the services and programs offered under the project, as needed to meet the changing and evolving needs of the business community; ``(F) involve working with underserved groups, which include-- ``(i) women; ``(ii) socially and economically disadvantaged individuals; ``(iii) veterans; ``(iv) individuals with disabilities; or ``(v) startup, newly established, or growing small business concerns located in rural areas; ``(G) not impose or otherwise collect a fee or other compensation in connection with participation in the programs and services described in subparagraph (D)(ii); and ``(H) ensure that small business concerns participating in the project have access, including through resource partners, to information concerning Federal, State, and local regulations that affect small business concerns. ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(C) Priority.--In allocating funds made available for cooperative agreements under this section, the Administrator shall give applications under this paragraph priority over first-time applications for cooperative agreements under paragraph (1)(A). ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(5) Scope of authority.-- ``(A) Subject to appropriations.--The authority of the Administrator to enter into cooperative agreements under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(d) Criteria.-- ``(1) In general.--The Administrator shall-- ``(A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include-- ``(i) whether the proposed project will be located in-- ``(I) a federally recognized area of economic distress; ``(II) a rural area; or ``(III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and ``(ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including-- ``(I) investment and lending organizations; ``(II) nongovernmental organizations; ``(III) programs of State and local governments that are concerned with aiding small business concerns; ``(IV) Federal agencies; and ``(V) for-profit organizations with an expertise in small business innovation; ``(B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and ``(C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). ``(2) Contents.--The criteria established under paragraph (1)(A)-- ``(A) for eligible entities that have in operation an accelerator, incubator, or other small business innovation-focused project shall include the record of the eligible entity in assisting growing, newly established, and startup small business concerns, including, for each of the 3 full years before the date on which the eligible entity applies for a cooperative agreement under this section, or if the accelerator, incubator, or other small business innovation-focused project has been in operation for less than 3 years, for the most recent full year the accelerator, incubator, or other small business innovation-focused project was in operation-- ``(i) the number and retention rate of growing, newly established, and startup business concerns in the program of the eligible entity; ``(ii) the average period of participation by growing, newly established, and startup small business concerns in the program of the eligible entity; ``(iii) the total and median capital raised by growing, newly established, and startup small business concerns participating in the program of the eligible entity; ``(iv) the number of investments or loans received by growing, newly established, and startup small business concerns participating in the program of the eligible entity; and ``(v) the total and median number of employees of growing, newly established, and startup small business concerns participating in the program of the eligible entity; and ``(B) for all eligible entities-- ``(i) shall include whether the eligible entity-- ``(I) indicates the structure and goals of the project; ``(II) demonstrates ties to the business community; ``(III) identifies the resources available for the project; ``(IV) describes the capabilities of the project, including coordination with local resource partners and local or national lending partners of the Administration; ``(V) addresses the unique business and economic challenges faced by the community in which the eligible entity is located and businesses in that community; or ``(VI) provides a proposed budget and plan for use of funds; and ``(ii) may include any other criteria determined appropriate by the Administrator. ``(e) Program Examination.-- ``(1) In general.--The Administrator shall-- ``(A) develop and implement an annual programmatic and financial examination of each project conducted under this section, under which each eligible entity entering into a cooperative agreement under this section shall provide to the Administrator-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and ``(ii) documentation regarding-- ``(I) the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the matching requirement; and ``(II) with respect to any in-kind contributions that were used to satisfy the matching requirement, verification of the existence and valuation of those contributions; and ``(B) analyze the results of each examination conducted under subparagraph (A) and, based on that analysis, make a determination regarding the programmatic and financial viability of each eligible entity. ``(2) Conditions for continued funding.--In determining whether to continue or renew a cooperative agreement under this section, the Administrator-- ``(A) shall consider the results of the most recent examination of the project under paragraph (1); and ``(B) may terminate or not renew a cooperative agreement, if the Administrator determines that the eligible entity has failed to provide any information required to be provided (including information provide for purpose of the annual report by the Administrator under subsection (m)) or the information provided by the eligible entity is inadequate. ``(f) Training and Technical Assistance.--The Administrator-- ``(1) shall provide in person or online training and technical assistance to each eligible entity entering into a cooperative agreement under this section at the beginning of the participation of the eligible entity in the Innovation Centers Program in order to build the capacity of the eligible entity and ensure compliance with procedures established by the Administrator; ``(2) shall ensure that the training and technical assistance described in paragraph (1) is provided at no cost or at a low cost; and ``(3) may enter into a contract to provide the training or technical assistance described in paragraph (1) with 1 or more organizations with expertise in the entrepreneurial development programs of the Administration, innovation, and entrepreneurial development. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(h) Funding Limit.--The amount of financial assistance provided to an eligible entity under a cooperative agreement entered into under this section shall be not more than $400,000 during each year. ``(i) Matching Requirement.-- ``(1) In general.--An eligible entity shall contribute toward the cost of the project carried out under the cooperative agreement under this section an amount equal to 50 percent of the amount received under the cooperative agreement. ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. ``(3) Waiver.-- ``(A) In general.--If the Administrator determines that an eligible entity is unable to meet the contribution requirement under paragraph (1), the Administrator may reduce the required contribution. ``(B) Presumption.--An eligible entity shall be presumed to be unable to meet the contribution requirement under paragraph (1) if the eligible entity has-- ``(i) long-term debt in an amount that is less than $10,000,000; ``(ii) an invested market endowment in an amount that is less than $15,000,000; or ``(iii) total net liquid assets in an amount that is less than $15,000,000. ``(4) Failure to obtain non-federal funding.--If an eligible entity fails to obtain the required non-Federal contribution during any project, or the reduced non-Federal contribution as determined by the Administrator-- ``(A) the eligible entity shall not be eligible thereafter for any other project for which it is or may be funded by the Administration; and ``(B) before approving assistance for the eligible entity for any other projects, the Administrator shall specifically determine whether the Administrator believes that the eligible entity will be able to obtain the requisite non-Federal funding and enter a written finding setting the forth the reasons for making that determination. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(j) Contract Authority.-- ``(1) In general.--An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. ``(2) Performance.--Performance of a contract entered into under paragraph (1) may not hinder the eligible entity in carrying out the terms of the cooperative agreement under this section. ``(3) Exemption from matching requirement.--A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(k) Privacy Requirements.-- ``(1) In general.--An eligible entity may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless-- ``(A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of an eligible entity, but a disclosure under this subparagraph shall be limited to the information necessary for such audit. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(3) Regulations.--The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B). ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. ``(m) Annual Reporting.--Not later than 1 year after the date on which the Administrator establishes the program under this section, and annually thereafter, the Administrator shall submit to Congress a report on the activities under the program, including-- ``(1) the number of startup, newly established, and growing small business concerns participating in the project carried out by each eligible entity under a cooperative agreement under this section (in this paragraph referred to as `participants'), including a breakdown of the owners of the participants by race, gender, veteran status, and urban versus rural location; ``(2) the retention rate for participants; ``(3) the total and median amount of capital accessed by participants, including the type of capital accessed; ``(4) the total and median number of employees of participants; ``(5) the number and median wage of jobs created by participants; ``(6) the number of jobs sustained by participants; and ``(7) information regarding such other metrics as the Administrator determines appropriate. ``(n) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``(2) Administrative expenses.--Of the amount made available to carry out this section for any fiscal year, not more than 10 percent may be used by the Administrator for administrative expenses.''. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a). <all>

UPLIFT Act of 2021

A bill to amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities.

UPLIFT Act of 2021 Ushering Progress by Leveraging Innovation and Future Technology Act of 2021

Sen. Cardin, Benjamin L.

D

MD

This bill requires the Small Business Administration (SBA) to establish the Innovation Centers Program for providing assistance to startups and new or growing small businesses. Under the program, the SBA may enter into cooperative agreements to provide financial assistance to historically Black colleges and universities, minority-serving institutions, and community colleges. Such entities must then undertake five-year projects operating as an innovation-focused small business accelerator or incubator. These projects must involve working with underserved groups, include the joint provision of programs and services by the entities and the SBA, and ensure participating small businesses have access to regulatory information that affects them.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 2. FINDINGS. Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. 3. PURPOSES. SEC. 4. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) INNOVATION CENTERS PROGRAM. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(j) Contract Authority.-- ``(1) In general.--An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 2. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. 3. PURPOSES. SEC. 4. (a) In General.--The Small Business Act (15 U.S.C. INNOVATION CENTERS PROGRAM. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. 3. PURPOSES. SEC. 4. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) INNOVATION CENTERS PROGRAM. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(5) Individuals with a disability.--The term `individuals with a disability' means more than 1 individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(d) Criteria.-- ``(1) In general.--The Administrator shall-- ``(A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include-- ``(i) whether the proposed project will be located in-- ``(I) a federally recognized area of economic distress; ``(II) a rural area; or ``(III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and ``(ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including-- ``(I) investment and lending organizations; ``(II) nongovernmental organizations; ``(III) programs of State and local governments that are concerned with aiding small business concerns; ``(IV) Federal agencies; and ``(V) for-profit organizations with an expertise in small business innovation; ``(B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and ``(C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(j) Contract Authority.-- ``(1) In general.--An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. ``(3) Exemption from matching requirement.--A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. SHORT TITLE. This Act may be cited as the ``Ushering Progress by Leveraging Innovation and Future Technology Act of 2021'' or the ``UPLIFT Act of 2021''. 2. FINDINGS. Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation-- (A) minority-owned and women-owned businesses are half as likely to employ people than nonminority-owned and men-owned businesses; and (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. 3. PURPOSES. SEC. 4. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) INNOVATION CENTERS PROGRAM. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(5) Individuals with a disability.--The term `individuals with a disability' means more than 1 individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). 1058). ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(ii) Notification.--Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(d) Criteria.-- ``(1) In general.--The Administrator shall-- ``(A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include-- ``(i) whether the proposed project will be located in-- ``(I) a federally recognized area of economic distress; ``(II) a rural area; or ``(III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and ``(ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including-- ``(I) investment and lending organizations; ``(II) nongovernmental organizations; ``(III) programs of State and local governments that are concerned with aiding small business concerns; ``(IV) Federal agencies; and ``(V) for-profit organizations with an expertise in small business innovation; ``(B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and ``(C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). ``(e) Program Examination.-- ``(1) In general.--The Administrator shall-- ``(A) develop and implement an annual programmatic and financial examination of each project conducted under this section, under which each eligible entity entering into a cooperative agreement under this section shall provide to the Administrator-- ``(i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and ``(ii) documentation regarding-- ``(I) the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the matching requirement; and ``(II) with respect to any in-kind contributions that were used to satisfy the matching requirement, verification of the existence and valuation of those contributions; and ``(B) analyze the results of each examination conducted under subparagraph (A) and, based on that analysis, make a determination regarding the programmatic and financial viability of each eligible entity. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(j) Contract Authority.-- ``(1) In general.--An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. ``(3) Exemption from matching requirement.--A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. ( (7) Historically Black colleges and universities, minority- serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high- growth sectors. INNOVATION CENTERS PROGRAM. ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(2) Federally recognized area of economic distress.--The term `federally recognized area of economic distress' means-- ``(A) a HUBZone, as that term is defined in section 31(b); or ``(B) an area that has been designated as-- ``(i) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; ``(ii) a Promise Zone by the Secretary of Housing and Urban Development; or ``(iii) a low-income neighborhood or moderate-income neighborhood for purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.). ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(8) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individual' means a socially and economically disadvantaged individual within the meaning given that term in section 8(d)(3)(C). ``(b) Establishment.--Not later than 1 year after the date of enactment of the Ushering Progress by Leveraging Innovation and Future Technology Act of 2021, the Administrator shall develop and begin implementing a program (to be known as the `Innovation Centers Program') to enter into cooperative agreements with eligible entities under this section. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(C) Priority.--In allocating funds made available for cooperative agreements under this section, the Administrator shall give applications under this paragraph priority over first-time applications for cooperative agreements under paragraph (1)(A). ``(5) Scope of authority.-- ``(A) Subject to appropriations.--The authority of the Administrator to enter into cooperative agreements under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(h) Funding Limit.--The amount of financial assistance provided to an eligible entity under a cooperative agreement entered into under this section shall be not more than $400,000 during each year. ``(i) Matching Requirement.-- ``(1) In general.--An eligible entity shall contribute toward the cost of the project carried out under the cooperative agreement under this section an amount equal to 50 percent of the amount received under the cooperative agreement. ``(3) Waiver.-- ``(A) In general.--If the Administrator determines that an eligible entity is unable to meet the contribution requirement under paragraph (1), the Administrator may reduce the required contribution. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Performance.--Performance of a contract entered into under paragraph (1) may not hinder the eligible entity in carrying out the terms of the cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. ``(n) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``(2) Administrative expenses.--Of the amount made available to carry out this section for any fiscal year, not more than 10 percent may be used by the Administrator for administrative expenses.''. ( b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. ( INNOVATION CENTERS PROGRAM. ( ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. ( INNOVATION CENTERS PROGRAM. ( ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. 4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. ( INNOVATION CENTERS PROGRAM. ( ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(3) Growing; newly established; startup.--The terms `growing', `newly established', and `startup', with respect to a small business concern, mean growing, newly established, and startup, respectively, within the meaning given those terms under section 7(m). ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Application and approval criteria.-- ``(i) Criteria.--The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. ``(4) Limit on use of funds.--Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ``(l) Publication of Information.--The Administrator shall-- ``(1) publish information about the program under this section online, including-- ``(A) on the website of the Administration; and ``(B) on the social media of the Administration; and ``(2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. b) Regulations.--The Administrator of the Small Business Administration shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(a) Definitions.--In this section: ``(1) Accelerator.--The term `accelerator' means an organization-- ``(A) that-- ``(i) works with a startup or growing small business concern for a predetermined period; and ``(ii) provides mentorship and instruction to scale businesses; and ``(B) that may-- ``(i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and ``(ii) offer startup capital or the opportunity to raise capital from outside investors. ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(B) Suspension, termination, and failure to renew or extend.--After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons therefore and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(c) Authority.-- ``(1) In general.--The Administrator may-- ``(A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5- year projects for the benefit of startup, newly established, or growing small business concerns; and ``(B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). ``(g) Coordination.--In carrying out a project under this section, an eligible entity may coordinate with-- ``(1) resource and lending partners of the Administration; ``(2) programs of State and local governments that are concerned with aiding small business concerns; and ``(3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). ``(2) In-kind contributions.--Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions.

To amend the Small Business Act to spur entrepreneurial ecosystems in underserved communities. ``(4) Incubator.--The term `incubator' means an organization-- ``(A) that-- ``(i) tends to work with startup and newly established small business concerns; and ``(ii) provides mentorship to startup and newly established small business concerns; and ``(B) that may-- ``(i) provide a co-working environment or a month-to-month lease program; and ``(ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. ``(3) Continued funding.-- ``(A) In general.--An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. ``(5) Rule of construction.--The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. ``(4) Additional provision.--Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any Federal department or agency's small business, woman-owned business, or socially and economically disadvantaged business contracting goal under section 15(g). ``(2) Administration use of information.--This subsection shall not-- ``(A) restrict Administration access to program activity data; or ``(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.

Ushering Progress by Leveraging Innovation and Future Technology Act of 2021 or the UPLIFT Act of 2019 This bill amends the Small Business Act to establish the Innovation Centers Program to provide mentorship and instruction to scale businesses in underserved communities. The purposes of the program are to: (1) spur economic growth by creating good paying jobs and pathways to prosperity; (2) Authorizes the Administrator of the Small Business Administration (SBA) to enter into cooperative agreements with eligible entities to carry out small business innovation-focused projects. Requires a project to: (1) include operating as an accelerator, an incubator, or any other small business innovator; (2) be carried out in such locations as to provide maximum accessibility and benefits to the small business Authorizes the Administrator of the Small Business Administration (SBA) to enter into cooperative agreements with up to nine entities that have in operation an accelerator, incubator, or other small business innovation-focused project to assist growing, newly established, and startup small business concerns. (Currently, an eligible entity may only participate in a cooperative agreement if it has been in operation for less than three Authorizes an eligible entity to enter into a contract with a federal department or agency to provide specific assistance to startup, newly established, or growing small businesses. (Currently, such assistance may only be provided through a cooperative agreement.) (Sec. 3) Exempts a contract from the matching requirement for small business, woman-owned business, or socially and economically disadvantaged business contracting goals.

H.R.6893

Education

Institutional Grants for New Infrastructure, Technology, and Education for HBCU and MSI Excellence Act or the IGNITE HBCU and MSI Excellence Act This bill establishes a grant program to support long-term improvements of historically Black colleges and universities (HBCUs), graduate programs at HBCUs, and other minority-serving institutions (MSIs). Specifically, the bill requires the Department of Education (ED) to award grants to HBCUs and MSIs to improve campus facilities. A recipient must use grant funds for certain activities, such as constructing or renovating facilities, carrying out major repairs, and strengthening the safety and security of a campus. Any new construction, modernization, or renovation projects must meet building code and energy and water conservation requirements. Further, HBCUs and MSIs must seek to procure contracts from certain small businesses, including those owned and controlled by veterans and service-disabled veterans. The bill prohibits the use of grant funds for specified activities, including for the payment of routine and predictable maintenance costs, minor repairs, and utility bills. The Government Accountability Office must study the implementation of the grant program. The bill also requires ED to repay the outstanding balance of principal, interest, fees, and costs and any related reimbursements for certain capital financing loans.

To provide for the long-term improvement of minority-serving institutions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Institutional Grants for New Infrastructure, Technology, and Education for HBCU and MSI Excellence Act'' or the ``IGNITE HBCU and MSI Excellence Act''. SEC. 2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF MSIS. (a) In General.--The Secretary shall award grants to eligible entities, on a competitive basis, to support long-term improvements to the facilities of such entities in accordance with this Act. (b) Application.--To be considered for a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) to the extent possible, the information necessary for the Secretary to make the determinations under subsection (c); (2) a description of the projects that such eligible entity plans to carry out with the grant, and how such projects will advance the long-term goals of the entity; and (3) an explanation of how such projects will reduce risks to the health, welfare, and safety of students, staff, administrators, faculty, researchers, and guests at such eligible entity. (c) Priority.--In awarding grants under this section, the Secretary-- (1) shall give priority to eligible entities that-- (A) demonstrate the greatest need to improve campus facilities, as determined by a comparison of factors identified by the Secretary, which may include-- (i) consideration of threats posed by the proximity of such facilities to toxic sites; (ii) the vulnerability of such facilities to natural disasters and environmental risks; (iii) the median age of such facilities, including the facilities that such eligible entities will use grant funds to improve; (iv) the extent to which student enrollment exceeds physical and instructional capacity; (v) the condition of major systems in such facilities such as heating, ventilation, air conditioning, electrical, water, and sewer systems; (vi) the condition of roofs, windows, and doors of such facilities; (vii) other critical health and safety conditions; (viii) the number and condition of facilities in significant disrepair; and (ix) the total amount of deferred maintenance of such facilities; (B) demonstrate the most limited capacity to raise funds for the long-term improvement of campus facilities, as determined by an assessment of-- (i) the current and historic ability of the eligible entity to raise funds for construction, renovation, modernization, and major repair projects for campus; (ii) whether the eligible entity has been able to issue bonds or receive other funds to support school construction projects; and (iii) the bond rating of the eligible entity; (C) enroll the highest percentages of students who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.), and whose families qualify for other Federal need-based aid; (D) are public institutions facing declining State support or investment; or (E) demonstrate an effort to seek support from public and private entities for projects carried out with a grant awarded under this Act; and (2) may give priority to eligible entities-- (A) that lack access to high-speed broadband and will use the grant funds to improve access to high- speed broadband sufficient to support digital learning in accordance with section 3(a)(9); or (B) at which the highest degree that is predominantly awarded to students is an associate's degree. (d) Geographic Distribution.--The Secretary shall ensure that grants under this section are awarded to eligible entities in a manner that reflects the geographic distribution of such entities in the United States. (e) Technical Assistance.--The Secretary, directly or by grant or contract, may provide technical assistance to eligible entities to prepare the entities to qualify, apply for, and maintain a grant, under this Act. (f) Relationship to HBCU Capital Financing Program.-- (1) In general.--The Secretary may take into consideration whether an eligible entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.) when-- (A) reviewing grant applications under this section; (B) determining priority under subsection (c); and (C) determining the amount awarded for a grant under this Act. (2) Priority.--With respect to paragraph (1)(B), the Secretary may-- (A) determine that an eligible entity should not receive priority under subsection (c) if such entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and (B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.). SEC. 3. GRANT USES. (a) Permitted Uses.--Except as provided in subsection (b), an eligible entity that receives a grant under this Act shall use such grant funds to carry out at least one of the following activities: (1) Construct, modernize, renovate, or retrofit the campus facilities of such entity, which may include-- (A) providing for the improvement of existing, or the establishment of new, instructional program spaces, laboratories, or research facilities relating to fields of science, technology, engineering, the arts, mathematics, health, agriculture, education, medicine, law, and other disciplines; (B) constructing or improving roads or other transportation infrastructure on campus, for which the eligible entity is responsible; (C) establishing or improving the use of campus facilities for the purpose of community-based partnerships that provide students and community members with academic, health, career, and social services; and (D) preserving facilities with historic significance, and facilities that house historic or cultural artifacts. (2) Purchase or modernize vehicle fleets owned and operated by such entity that are used primarily for the purpose of facilitating campus accessibility and student academic activities. (3) Carry out major repairs to the facilities or other physical plants of such entity, including deferred maintenance projects. (4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. (5) For the purpose of facilitating the construction of new campus facilities funded with a grant under this Act-- (A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and (B) to the extent that other public or private funds are insufficient-- (i) prepare land for the construction of such facilities; and (ii) pay other preconstruction costs relating to the development of such facilities. (6) Install or extend the life and usability of basic systems and components of campus facilities, which may include-- (A) high-speed broadband internet infrastructure sufficient to support digital and technology-based learning; (B) high-capacity, middle-mile broadband networks, and campus-wide broadband networks, including 5G and future network generations; (C) fiber, cyber, and telecommunications infrastructure, including small cells; (D) heating, ventilation, and air conditioning (HVAC) or other indoor air quality systems; (E) support for last-mile service for rural campuses when other means of providing this support is unavailable; and (F) other infrastructure to support the success of operations and other digital and technology needs. (7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. (8) Reduce current or anticipated overcrowding in the campus facilities. (9) Ensure that the building envelopes of the campus facilities-- (A) protect occupants and interiors of such facilities from natural elements; and (B) are structurally sound and secure. (10) Improve energy and water efficiency to lower the costs of energy and water consumption in campus facilities. (11) With respect to campus facilities, reduce or eliminate the presence of-- (A) toxins and chemicals, including mercury, radon, polychlorinated biphenyls, lead, and asbestos; (B) mold and mildew; (C) rodents and pests; or (D) biological, radiological, and other waste related to research. (12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. (13) Bring campus facilities into compliance with applicable fire, health, and safety codes and regulations. (14) Make existing campus facilities accessible to individuals with disabilities through compliance with-- (A) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and (B) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (b) Prohibited Uses.--An eligible entity that receives a grant under this Act may not use such grant funds for-- (1) payment of routine and predictable maintenance costs, minor repairs, and utility bills; or (2) any facility that is-- (A) primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; or (B) primarily used for or associated with sectarian instruction or religious worship; or (3) the purchase or support of any communications equipment or service (as defined in section 9 of the Secure and Trusted Networks Act of 2019 (47 U.S.C. 1608)) that poses a risk to national security. (c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. (d) Encouraging Partnerships.--The Secretary shall encourage partnerships between eligible entities and public and private entities to-- (1) provide additional funding; and (2) assist in carrying out the activities under this Act. SEC. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND WATER CONSERVATION. An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. (2) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model energy conservation code. (3) Performance criteria under the WaterSense program, established under section 324B of the Energy Policy and Conservation Act (42 U.S.C. 6294b), applicable to such projects within a nationally recognized, consensus-based model code. SEC. 5. USE OF SMALL BUSINESS CONCERNS. In carrying out projects funded with a grant under this Act, an eligible entity shall seek to procure contracts from small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. SEC. 6. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES. (a) Reservation.--An eligible entity that receives a grant under this Act may reserve a total of not more than five percent of the amount of such grant to-- (1) develop the facilities master plan required under subsection (b); (2) carry out activities to-- (A) protect the health of students, staff, administrators, faculty, researchers, and guests during the construction or modernization of the campus facilities of such entity; and (B) mitigate excessive noise caused by activities carried out under this Act; (3) pay personnel to carry out administrative work relating to the grant program; and (4) pay other reasonable administrative costs associated with the grant program. (b) Facilities Master Plan.-- (1) In general.--Not later than 180 days after receiving a grant under this Act, an eligible entity shall submit to the Secretary a comprehensive 10-year facilities master plan. (2) Elements.--The facilities master plan required under paragraph (1) shall include, with respect to the eligible entity submitting such plan, a description of-- (A) the extent to which the campus facilities-- (i) meet the educational needs of students; and (ii) support the educational mission and vision of such entity; (B) the physical condition of the campus facilities; (C) the current health, safety, and environmental conditions of the campus facilities, including-- (i) indoor air quality; (ii) the presence of hazardous and toxic substances and chemicals on or near such facilities; (iii) the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water; (iv) energy and water efficiency; (v) excessive noise in academic spaces; and (vi) other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students; (D) the actual and anticipated impact of current and future student enrollment levels (as of the date of application) on the design of current and future campus facilities, as well as the financial implications of such enrollment levels; (E) the dollar amount and percentage of funds such entity will dedicate to capital construction projects, including-- (i) any funds in the budget of such entity that will be dedicated to such projects; and (ii) any funds not in such budget that will be dedicated to such projects, including any funds available to the eligibility entity as the result of a bond issue or the Historically Black College and University Capital Financing Program under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. (3) Consultation.--In developing the facilities master plan, the eligible entity demonstrate that it conducted meaningful consultation with diverse stakeholders, which may include-- (A) staff and other institutional leaders; (B) custodial and maintenance staff; (C) emergency first responders; (D) campus facilities directors; (E) students and families; (F) community residents, including those directly affected by actions undertaken as a result of utilizing grant funds; (G) government entities; (H) local charitable foundations; (I) local employers; (J) Indian Tribes, as applicable; and (K) other such individuals and entities. SEC. 7. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. (a) In General.--Each time an institution of higher education receives a disbursement of a loan amount under a covered closed loan agreement, the Secretary shall repay-- (1) the outstanding balance of principal, interest, fees, and costs on such loan amount (as of the date of such disbursement) under the covered closed loan agreement; and (2) any reimbursement (including reimbursements of escrow and return of fees and deposits) relating to the covered closed loan agreement that are usual and customary when the loan is paid off by the institution. (b) Covered Closed Loan Agreement.--In this section, the term ``covered closed loan agreement'' means each of the following: (1) A closed loan agreement-- (A) executed before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260); (B) made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and (C) that provides for loan amounts that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). (2) A closed loan agreement-- (A) authorized under section 3512 of the CARES Act (20 U.S.C. 1001 note); and (B) made for the deferment of balances that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). SEC. 8. REPORTS. (a) Department of Education Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act. (2) Elements.--The report required under paragraph (1) shall include-- (A) with respect to projects carried out by eligible entities with grant funds awarded under this Act, an assessment of-- (i) the types of such projects; (ii) the square footage of the improvements made by such projects, disaggregated by-- (I) total square footage; and (II) square footage per each eligible entity; (iii) the total cost of each such project; (iv) the cost described in clause (iii), disaggregated by the cost of-- (I) planning; (II) design; (III) construction; (IV) site purchase; and (V) improvements; (v) the geographic distribution of such projects; and (vi) the demographic composition of the student population served by such projects, disaggregated by-- (I) race and ethnicity; and (II) the number and percentage of students enrolled at such entities who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); (B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). (b) Comptroller General Study Report.-- (1) Study required.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this Act. (2) Elements.--The study conducted under paragraph (1) shall include-- (A) an examination of program implementation challenges; and (B) an assessment of whether any changes are needed to make grants under this Act more accessible to eligible entities with fiscal challenges to help them raise capital for infrastructure projects. (3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study, including any recommendations to the Secretary for improvements to the implementation of the grant program under this Act. SEC. 9. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)); (B) a Historically Black Graduate Professional School (as identified in section 326(e) of such Act (20 U.S.C. 1063b(e))); (C) a Hispanic-serving institution (as defined in section 502 of such Act (20 U.S.C. 1101a)); (D) a Tribal College or University (as defined in section 316 of such Act (20 U.S.C. 1059c)); (E) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b) of such Act (20 U.S.C. 1059d(b))); (F) a Predominantly Black Institution (as defined in section 371(c) of such Act (20 U.S.C. 1067q(c))); (G) an Asian American and Native American Pacific Islander-serving institution (as defined in section 371(c) of such Act (20 U.S.C. 1067q(c))); and (H) a Native American-serving nontribal institution (as defined in section 371(c) of such Act (20 U.S.C. 1067q(c))). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 2023 through 2028. (b) Allocation of Funds.--Of the amounts appropriated under subsection (a) for each fiscal year-- (1) 40 percent shall be available to award grants to eligible entities that are-- (A) part B institutions; and (B) Historically Black Graduate Professional Schools; (2) 38.5 percent shall be available to award grants to eligible entities that are Hispanic-serving institutions; (3) 10 percent shall be available to award grants to eligible entities that are Tribal Colleges or Universities; (4) 6 percent shall be available to award grants to eligible entities that are Predominantly Black Institutions; (5) 3 percent shall be available to award grants to eligible entities that are Asian American and Native American Pacific Islander-serving institutions; and (6) 2.5 percent shall be available to award grants to eligible entities that are-- (A) Native American-serving nontribal institutions; and (B) Alaska Native-serving institutions or Native Hawaiian-serving institutions. <all>

IGNITE HBCU and MSI Excellence Act

To provide for the long-term improvement of minority-serving institutions, and for other purposes.

IGNITE HBCU and MSI Excellence Act Institutional Grants for New Infrastructure, Technology, and Education for HBCU and MSI Excellence Act

Rep. Adams, Alma S.

D

NC

This bill establishes a grant program to support long-term improvements of historically Black colleges and universities (HBCUs), graduate programs at HBCUs, and other minority-serving institutions (MSIs). Specifically, the bill requires the Department of Education (ED) to award grants to HBCUs and MSIs to improve campus facilities. A recipient must use grant funds for certain activities, such as constructing or renovating facilities, carrying out major repairs, and strengthening the safety and security of a campus. Any new construction, modernization, or renovation projects must meet building code and energy and water conservation requirements. Further, HBCUs and MSIs must seek to procure contracts from certain small businesses, including those owned and controlled by veterans and service-disabled veterans. The bill prohibits the use of grant funds for specified activities, including for the payment of routine and predictable maintenance costs, minor repairs, and utility bills. The Government Accountability Office must study the implementation of the grant program. The bill also requires ED to repay the outstanding balance of principal, interest, fees, and costs and any related reimbursements for certain capital financing loans.

To provide for the long-term improvement of minority-serving institutions, and for other purposes. SHORT TITLE. 2. ), and whose families qualify for other Federal need-based aid; (D) are public institutions facing declining State support or investment; or (E) demonstrate an effort to seek support from public and private entities for projects carried out with a grant awarded under this Act; and (2) may give priority to eligible entities-- (A) that lack access to high-speed broadband and will use the grant funds to improve access to high- speed broadband sufficient to support digital learning in accordance with section 3(a)(9); or (B) at which the highest degree that is predominantly awarded to students is an associate's degree. 3. GRANT USES. (8) Reduce current or anticipated overcrowding in the campus facilities. (12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND WATER CONSERVATION. 6294b), applicable to such projects within a nationally recognized, consensus-based model code. 5. USE OF SMALL BUSINESS CONCERNS. 6. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES. ); and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. (b) Covered Closed Loan Agreement.--In this section, the term ``covered closed loan agreement'' means each of the following: (1) A closed loan agreement-- (A) executed before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260); (B) made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq. REPORTS. (b) Comptroller General Study Report.-- (1) Study required.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this Act. 9. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 10.

To provide for the long-term improvement of minority-serving institutions, and for other purposes. SHORT TITLE. 2. ), and whose families qualify for other Federal need-based aid; (D) are public institutions facing declining State support or investment; or (E) demonstrate an effort to seek support from public and private entities for projects carried out with a grant awarded under this Act; and (2) may give priority to eligible entities-- (A) that lack access to high-speed broadband and will use the grant funds to improve access to high- speed broadband sufficient to support digital learning in accordance with section 3(a)(9); or (B) at which the highest degree that is predominantly awarded to students is an associate's degree. 3. GRANT USES. (8) Reduce current or anticipated overcrowding in the campus facilities. (12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND WATER CONSERVATION. 6294b), applicable to such projects within a nationally recognized, consensus-based model code. 5. USE OF SMALL BUSINESS CONCERNS. 6. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES. ); and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. 1066 et seq. REPORTS. (b) Comptroller General Study Report.-- (1) Study required.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this Act. 9. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 10.

To provide for the long-term improvement of minority-serving institutions, and for other purposes. SHORT TITLE. 2. ), and whose families qualify for other Federal need-based aid; (D) are public institutions facing declining State support or investment; or (E) demonstrate an effort to seek support from public and private entities for projects carried out with a grant awarded under this Act; and (2) may give priority to eligible entities-- (A) that lack access to high-speed broadband and will use the grant funds to improve access to high- speed broadband sufficient to support digital learning in accordance with section 3(a)(9); or (B) at which the highest degree that is predominantly awarded to students is an associate's degree. 3. GRANT USES. (3) Carry out major repairs to the facilities or other physical plants of such entity, including deferred maintenance projects. (4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. (5) For the purpose of facilitating the construction of new campus facilities funded with a grant under this Act-- (A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and (B) to the extent that other public or private funds are insufficient-- (i) prepare land for the construction of such facilities; and (ii) pay other preconstruction costs relating to the development of such facilities. (8) Reduce current or anticipated overcrowding in the campus facilities. (12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. (13) Bring campus facilities into compliance with applicable fire, health, and safety codes and regulations. 1608)) that poses a risk to national security. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND WATER CONSERVATION. 6294b), applicable to such projects within a nationally recognized, consensus-based model code. 5. USE OF SMALL BUSINESS CONCERNS. 6. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES. ); and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. 7. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. (b) Covered Closed Loan Agreement.--In this section, the term ``covered closed loan agreement'' means each of the following: (1) A closed loan agreement-- (A) executed before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260); (B) made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq. REPORTS. (b) Comptroller General Study Report.-- (1) Study required.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this Act. 9. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 10. (b) Allocation of Funds.--Of the amounts appropriated under subsection (a) for each fiscal year-- (1) 40 percent shall be available to award grants to eligible entities that are-- (A) part B institutions; and (B) Historically Black Graduate Professional Schools; (2) 38.5 percent shall be available to award grants to eligible entities that are Hispanic-serving institutions; (3) 10 percent shall be available to award grants to eligible entities that are Tribal Colleges or Universities; (4) 6 percent shall be available to award grants to eligible entities that are Predominantly Black Institutions; (5) 3 percent shall be available to award grants to eligible entities that are Asian American and Native American Pacific Islander-serving institutions; and (6) 2.5 percent shall be available to award grants to eligible entities that are-- (A) Native American-serving nontribal institutions; and (B) Alaska Native-serving institutions or Native Hawaiian-serving institutions.

To provide for the long-term improvement of minority-serving institutions, and for other purposes. SHORT TITLE. 2. ), and whose families qualify for other Federal need-based aid; (D) are public institutions facing declining State support or investment; or (E) demonstrate an effort to seek support from public and private entities for projects carried out with a grant awarded under this Act; and (2) may give priority to eligible entities-- (A) that lack access to high-speed broadband and will use the grant funds to improve access to high- speed broadband sufficient to support digital learning in accordance with section 3(a)(9); or (B) at which the highest degree that is predominantly awarded to students is an associate's degree. 3. GRANT USES. (3) Carry out major repairs to the facilities or other physical plants of such entity, including deferred maintenance projects. (4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. (5) For the purpose of facilitating the construction of new campus facilities funded with a grant under this Act-- (A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and (B) to the extent that other public or private funds are insufficient-- (i) prepare land for the construction of such facilities; and (ii) pay other preconstruction costs relating to the development of such facilities. (8) Reduce current or anticipated overcrowding in the campus facilities. (12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. (13) Bring campus facilities into compliance with applicable fire, health, and safety codes and regulations. 1608)) that poses a risk to national security. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND WATER CONSERVATION. 6294b), applicable to such projects within a nationally recognized, consensus-based model code. 5. USE OF SMALL BUSINESS CONCERNS. 6. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES. (b) Facilities Master Plan.-- (1) In general.--Not later than 180 days after receiving a grant under this Act, an eligible entity shall submit to the Secretary a comprehensive 10-year facilities master plan. ); and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. 7. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. (b) Covered Closed Loan Agreement.--In this section, the term ``covered closed loan agreement'' means each of the following: (1) A closed loan agreement-- (A) executed before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260); (B) made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq. REPORTS. (2) Elements.--The report required under paragraph (1) shall include-- (A) with respect to projects carried out by eligible entities with grant funds awarded under this Act, an assessment of-- (i) the types of such projects; (ii) the square footage of the improvements made by such projects, disaggregated by-- (I) total square footage; and (II) square footage per each eligible entity; (iii) the total cost of each such project; (iv) the cost described in clause (iii), disaggregated by the cost of-- (I) planning; (II) design; (III) construction; (IV) site purchase; and (V) improvements; (v) the geographic distribution of such projects; and (vi) the demographic composition of the student population served by such projects, disaggregated by-- (I) race and ethnicity; and (II) the number and percentage of students enrolled at such entities who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. (b) Comptroller General Study Report.-- (1) Study required.--Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this Act. (2) Elements.--The study conducted under paragraph (1) shall include-- (A) an examination of program implementation challenges; and (B) an assessment of whether any changes are needed to make grants under this Act more accessible to eligible entities with fiscal challenges to help them raise capital for infrastructure projects. 9. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 10. (b) Allocation of Funds.--Of the amounts appropriated under subsection (a) for each fiscal year-- (1) 40 percent shall be available to award grants to eligible entities that are-- (A) part B institutions; and (B) Historically Black Graduate Professional Schools; (2) 38.5 percent shall be available to award grants to eligible entities that are Hispanic-serving institutions; (3) 10 percent shall be available to award grants to eligible entities that are Tribal Colleges or Universities; (4) 6 percent shall be available to award grants to eligible entities that are Predominantly Black Institutions; (5) 3 percent shall be available to award grants to eligible entities that are Asian American and Native American Pacific Islander-serving institutions; and (6) 2.5 percent shall be available to award grants to eligible entities that are-- (A) Native American-serving nontribal institutions; and (B) Alaska Native-serving institutions or Native Hawaiian-serving institutions.

To provide for the long-term improvement of minority-serving institutions, and for other purposes. This Act may be cited as the ``Institutional Grants for New Infrastructure, Technology, and Education for HBCU and MSI Excellence Act'' or the ``IGNITE HBCU and MSI Excellence Act''. d) Geographic Distribution.--The Secretary shall ensure that grants under this section are awarded to eligible entities in a manner that reflects the geographic distribution of such entities in the United States. ( e) Technical Assistance.--The Secretary, directly or by grant or contract, may provide technical assistance to eligible entities to prepare the entities to qualify, apply for, and maintain a grant, under this Act. ( (2) Priority.--With respect to paragraph (1)(B), the Secretary may-- (A) determine that an eligible entity should not receive priority under subsection (c) if such entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq. ); and (B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.). 2) Purchase or modernize vehicle fleets owned and operated by such entity that are used primarily for the purpose of facilitating campus accessibility and student academic activities. ( 4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. (5) For the purpose of facilitating the construction of new campus facilities funded with a grant under this Act-- (A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and (B) to the extent that other public or private funds are insufficient-- (i) prepare land for the construction of such facilities; and (ii) pay other preconstruction costs relating to the development of such facilities. ( 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( (9) Ensure that the building envelopes of the campus facilities-- (A) protect occupants and interiors of such facilities from natural elements; and (B) are structurally sound and secure. ( 12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. ( c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. ( REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND WATER CONSERVATION. An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( 3) Performance criteria under the WaterSense program, established under section 324B of the Energy Policy and Conservation Act (42 U.S.C. 6294b), applicable to such projects within a nationally recognized, consensus-based model code. b) Facilities Master Plan.-- (1) In general.--Not later than 180 days after receiving a grant under this Act, an eligible entity shall submit to the Secretary a comprehensive 10-year facilities master plan. and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. ( HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. (a) In General.--Each time an institution of higher education receives a disbursement of a loan amount under a covered closed loan agreement, the Secretary shall repay-- (1) the outstanding balance of principal, interest, fees, and costs on such loan amount (as of the date of such disbursement) under the covered closed loan agreement; and (2) any reimbursement (including reimbursements of escrow and return of fees and deposits) relating to the covered closed loan agreement that are usual and customary when the loan is paid off by the institution. ( b) Covered Closed Loan Agreement.--In this section, the term ``covered closed loan agreement'' means each of the following: (1) A closed loan agreement-- (A) executed before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260); (B) made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq. ); (a) Department of Education Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act. ( ); (B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). ( 3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study, including any recommendations to the Secretary for improvements to the implementation of the grant program under this Act. 2) Secretary.--The term ``Secretary'' means the Secretary of Education. ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. This Act may be cited as the ``Institutional Grants for New Infrastructure, Technology, and Education for HBCU and MSI Excellence Act'' or the ``IGNITE HBCU and MSI Excellence Act''. (d) Geographic Distribution.--The Secretary shall ensure that grants under this section are awarded to eligible entities in a manner that reflects the geographic distribution of such entities in the United States. ( 2) Priority.--With respect to paragraph (1)(B), the Secretary may-- (A) determine that an eligible entity should not receive priority under subsection (c) if such entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq. ); 2) Purchase or modernize vehicle fleets owned and operated by such entity that are used primarily for the purpose of facilitating campus accessibility and student academic activities. ( 5) For the purpose of facilitating the construction of new campus facilities funded with a grant under this Act-- (A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and (B) to the extent that other public or private funds are insufficient-- (i) prepare land for the construction of such facilities; and (ii) pay other preconstruction costs relating to the development of such facilities. 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( 12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. ( c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( In carrying out projects funded with a grant under this Act, an eligible entity shall seek to procure contracts from small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES. ( and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. ( 2) A closed loan agreement-- (A) authorized under section 3512 of the CARES Act (20 U.S.C. 1001 note); and (B) made for the deferment of balances that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). ( 3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study, including any recommendations to the Secretary for improvements to the implementation of the grant program under this Act. 2) Secretary.--The term ``Secretary'' means the Secretary of Education. ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. This Act may be cited as the ``Institutional Grants for New Infrastructure, Technology, and Education for HBCU and MSI Excellence Act'' or the ``IGNITE HBCU and MSI Excellence Act''. (d) Geographic Distribution.--The Secretary shall ensure that grants under this section are awarded to eligible entities in a manner that reflects the geographic distribution of such entities in the United States. ( 2) Priority.--With respect to paragraph (1)(B), the Secretary may-- (A) determine that an eligible entity should not receive priority under subsection (c) if such entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq. ); 2) Purchase or modernize vehicle fleets owned and operated by such entity that are used primarily for the purpose of facilitating campus accessibility and student academic activities. ( 5) For the purpose of facilitating the construction of new campus facilities funded with a grant under this Act-- (A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and (B) to the extent that other public or private funds are insufficient-- (i) prepare land for the construction of such facilities; and (ii) pay other preconstruction costs relating to the development of such facilities. 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( 12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. ( c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( In carrying out projects funded with a grant under this Act, an eligible entity shall seek to procure contracts from small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES. ( and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. ( 2) A closed loan agreement-- (A) authorized under section 3512 of the CARES Act (20 U.S.C. 1001 note); and (B) made for the deferment of balances that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). ( 3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study, including any recommendations to the Secretary for improvements to the implementation of the grant program under this Act. 2) Secretary.--The term ``Secretary'' means the Secretary of Education. ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. and (B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.). ( 4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. ( 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( ( ( c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( ( HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. ( a) Department of Education Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act. ( ); (B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. This Act may be cited as the ``Institutional Grants for New Infrastructure, Technology, and Education for HBCU and MSI Excellence Act'' or the ``IGNITE HBCU and MSI Excellence Act''. (d) Geographic Distribution.--The Secretary shall ensure that grants under this section are awarded to eligible entities in a manner that reflects the geographic distribution of such entities in the United States. ( 2) Priority.--With respect to paragraph (1)(B), the Secretary may-- (A) determine that an eligible entity should not receive priority under subsection (c) if such entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq. ); 2) Purchase or modernize vehicle fleets owned and operated by such entity that are used primarily for the purpose of facilitating campus accessibility and student academic activities. ( 5) For the purpose of facilitating the construction of new campus facilities funded with a grant under this Act-- (A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and (B) to the extent that other public or private funds are insufficient-- (i) prepare land for the construction of such facilities; and (ii) pay other preconstruction costs relating to the development of such facilities. 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( 12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. ( c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( In carrying out projects funded with a grant under this Act, an eligible entity shall seek to procure contracts from small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES. ( and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including-- (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. ( 2) A closed loan agreement-- (A) authorized under section 3512 of the CARES Act (20 U.S.C. 1001 note); and (B) made for the deferment of balances that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). ( 3) Report.--After the completion of the study under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study, including any recommendations to the Secretary for improvements to the implementation of the grant program under this Act. 2) Secretary.--The term ``Secretary'' means the Secretary of Education. ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. and (B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.). ( 4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. ( 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( ( ( c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( ( HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. ( a) Department of Education Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act. ( ); (B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( 2) A closed loan agreement-- (A) authorized under section 3512 of the CARES Act (20 U.S.C. 1001 note); and (B) made for the deferment of balances that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. and (B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.). ( 4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. ( 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( ( ( c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( ( HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. ( a) Department of Education Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act. ( ); (B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( 2) A closed loan agreement-- (A) authorized under section 3512 of the CARES Act (20 U.S.C. 1001 note); and (B) made for the deferment of balances that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

To provide for the long-term improvement of minority-serving institutions, and for other purposes. and (B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.). ( 4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. ( 7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. ( ( ( c) Supplement Not Supplant.--An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. ( An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. ( ( HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS. ( a) Department of Education Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act. ( ); (B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). ( 3) State.--The term ``State'' has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

Institutional Grants for New Infrastructure, Technology, and Education for HBCU and MSI Excellence Act or the IGNITE HBCUs and MSIS Excellence Act - Directs the Secretary of Education to award competitive grants to eligible entities to support long-term improvements to the facilities of minority-serving institutions of higher education (HBCUs) to improve their facilities. (Sec. 2 This bill directs the Department of Education to award grants to eligible entities to: (1) purchase or otherwise acquire title to land to serve as a permanent site for new campus facilities; and (2) pay other preconstruction costs relating to the development of such facilities. An eligible entity may use a grant only to supplement the level of federal, state, and local public funds that Requires an institution of higher education (IHE) that receives a disbursement of a loan under a covered closed loan agreement to repay the outstanding balance of principal, interest, fees, and costs on such loan and any reimbursement (including reimbursements of escrow and return of fees and deposits) relating to the loan that are usual and customary when the loan is paid off by the I Directs the Comptroller General to study the implementation of the Higher Education Act of 1965 (HEA) and make recommendations to the Secretary of Education for improvements to the program. (Sec. 9) Authorizes appropriations for FY2023 through 2028 for the FY2028 HEA grant program, which provides grants to eligible entities to help them raise capital for infrastructure projects. Requires the

H.R.5138

Government Operations and Politics

Federal Cybersecurity Workforce Expansion Act This bill establishes an apprenticeship program and a pilot program on cybersecurity. The Cybersecurity and Infrastructure Agency may establish one or more apprenticeship programs that leads directly to employment in The Department of Veterans Affairs (VA) shall establish a pilot program under which the VA shall provide cyber-specific training for members of the Armed Forces transitioning from service in the Armed Forces to civilian life and for veterans. The bill extends through FY2025 the submission of a report on an assessment that identifies information technology, cybersecurity, or other cyber-related work roles of critical need in the workforce of federal agencies.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Cybersecurity Workforce Expansion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the need for qualified cybersecurity personnel is greater than ever, as demonstrated by the recent SolarWinds breach and the growing spate of ransomware attacks on critical infrastructure entities and State and local governments; (2) the Federal Government is facing a shortage of qualified cybersecurity personnel, as noted in a March 2019 Government Accountability Office report on critical staffing needs in the Federal cybersecurity workforce; (3) there is a national shortage of qualified cybersecurity personnel, and according to CyberSeek, a project supported by the National Initiative for Cybersecurity Education within the National Institute of Standards and Technology, there are approximately 500,000 cybersecurity job openings around the United States; (4) in May 2021, the Department of Homeland Security announced that the Department was initiating a 60-day sprint to hire 200 cybersecurity personnel across the Department, with 100 of those hires for the Cybersecurity and Infrastructure Security Agency, to address a cybersecurity workforce shortage; and (5) the Federal Government needs to-- (A) expand the cybersecurity workforce pipeline of the Federal Government to sustainably close a Federal cybersecurity workforce shortage; and (B) work cooperatively with the private sector and State and local government authorities to expand opportunities for new cybersecurity professionals. SEC. 3. CYBERSECURITY AND INFRASTRUCTURE SECURITY APPRENTICESHIP PROGRAM. Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following: ``SEC. 2220A. APPRENTICESHIP PROGRAM. ``(a) Definitions.--In this section: ``(1) Area career and technical education school.--The term `area career and technical education school' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(2) Community college.--The term `community college' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree, including-- ``(A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and ``(B) a public 2-year State institution of higher education. ``(3) Cybersecurity work roles.--The term `cybersecurity work roles' means the work roles outlined in the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework (NIST Special Publication 800-181), or any successor framework. ``(4) Education and training provider.--The term `education and training provider' means-- ``(A) an area career and technical education school; ``(B) an early college high school; ``(C) an educational service agency; ``(D) a high school; ``(E) a local educational agency or State educational agency; ``(F) a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution; ``(G) a postsecondary educational institution; ``(H) a minority-serving institution; ``(I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.); ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(5) Eligible entity.-- ``(A) In general.--The term `eligible entity' means-- ``(i) a program sponsor; ``(ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; ``(iii) an education and training provider; ``(iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency; ``(v) an Indian Tribe or Tribal organization; ``(vi) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(vii) a Governor of a State; ``(viii) a labor organization or joint labor-management organization; or ``(ix) a qualified intermediary. ``(B) Sponsor requirement.--Not fewer than 1 entity described in subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. ``(6) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(7) Local educational agency; secondary school.--The terms `local educational agency' and `secondary school' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(8) Local workforce development board.--The term `local workforce development board' has the meaning given the term `local board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(9) Nonprofit organization.--The term `nonprofit organization' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(10) Provider of adult education.--The term `provider of adult education' has the meaning given the term `eligible provider' in section 203 of the Adult Education and Family Literacy Act (29 U.S.C. 3272). ``(11) Related instruction.--The term `related instruction' means an organized and systematic form of instruction designed to provide an individual in an apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program. ``(12) Sponsor.--The term `sponsor' means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved. ``(13) State apprenticeship agency.--The term `State apprenticeship agency' has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any corresponding similar regulation or ruling. ``(14) State workforce development board.--The term `State workforce development board' has the meaning given the term `State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(15) WIOA terms.--The terms `career planning', `community-based organization', `economic development agency', `industry or sector partnership', `on-the-job training', `recognized postsecondary credential', and `workplace learning advisor' have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(16) Qualified intermediary.-- ``(A) In general.--The term `qualified intermediary' means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by-- ``(i) connecting employers to programs under the national apprenticeship system; ``(ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; ``(iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act; ``(iv) providing professional development activities such as training to mentors; ``(v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; ``(vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; ``(vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or ``(viii) serving as a program sponsor. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or ``(iii) partnerships among 1 or more of the entities described in clauses (i) and (ii). ``(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). ``(c) Apprenticeship Programs Described.--An apprenticeship program described in this subsection is an apprenticeship program that-- ``(1) leads directly to employment in-- ``(A) a cybersecurity work role with the Agency; or ``(B) a position with a company or other entity provided that the position is-- ``(i) certified by the Director as contributing to the national cybersecurity of the United States; and ``(ii) funded at least in majority part through a contract, grant, or cooperative agreement with the Agency; ``(2) is focused on competencies and related learning necessary, as determined by the Director, to meet the immediate and ongoing needs of cybersecurity work roles at the Agency; and ``(3) is registered with and approved by the Office of Apprenticeship of the Department of Labor or a State apprenticeship agency pursuant to the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 29 U.S.C. 50 et seq.). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(e) Optional Use of Grants or Cooperative Agreements.--An apprenticeship program under this section may include entering into a contract or cooperative agreement with or making a grant to an eligible entity if determined appropriate by the Director based on the eligible entity-- ``(1) demonstrating experience in implementing and providing career planning and career pathways toward apprenticeship programs; ``(2) having knowledge of cybersecurity workforce development; ``(3) being eligible to enter into a contract or cooperative agreement with or receive grant funds from the Agency as described in this section; ``(4) providing students who complete the apprenticeship program with a recognized postsecondary credential; ``(5) using related instruction that is specifically aligned with the needs of the Agency and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and ``(6) demonstrating successful outcomes connecting graduates of the apprenticeship program to careers relevant to the program. ``(f) Applications.--If the Director enters into an arrangement as described in subsection (e), an eligible entity seeking a contract, cooperative agreement, or grant under the program shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. ``(g) Priority.--In selecting eligible entities to receive a contract, grant, or cooperative agreement under this section, the Director may prioritize an eligible entity that-- ``(1) is a member of an industry or sector partnership; ``(2) provides related instruction for an apprenticeship program through-- ``(A) a local educational agency, a secondary school, a provider of adult education, an area career and technical education school, or an institution of higher education; or ``(B) an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the grant under subsection (g); ``(3) works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to apprenticeship programs in a relevant sector; or ``(4) plans to use the grant to carry out the apprenticeship program with an entity that receives State funding or is operated by a State agency. ``(h) Technical Assistance.--The Director shall provide technical assistance to eligible entities to leverage the existing job training and education programs of the Agency and other relevant programs at appropriate Federal agencies. ``(i) Excepted Service.--Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208. ``(j) Report.-- ``(1) In general.--Not less than once every 2 years after the establishment of an apprenticeship program under this section, the Director shall submit to Congress a report on the program, including-- ``(A) a description of-- ``(i) any activity carried out by the Agency under this section; ``(ii) any entity that enters into a contract or agreement with or receives a grant from the Agency under subsection (e); ``(iii) any activity carried out using a contract, agreement, or grant under this section as described in subsection (e); and ``(iv) best practices used to leverage the investment of the Federal Government under this section; and ``(B) an assessment of the results achieved by the program, including the rate of continued employment at the Agency for participants after completing an apprenticeship program carried out under this section. ``(k) Performance Reports.--Not later than 1 year after the establishment of an apprenticeship program under this section, and annually thereafter, the Director shall submit to Congress and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)). ``(l) Authorization of Appropriations.--There is authorized to be appropriated to the Agency such sums as necessary to carry out this section.''. SEC. 4. PILOT PROGRAM ON CYBER TRAINING FOR VETERANS AND MEMBERS OF THE ARMED FORCES TRANSITIONING TO CIVILIAN LIFE. (a) Definitions.--In this section: (1) Eligible individual.--The term ``eligible individual'' means an individual who is-- (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or (B) a veteran. (2) Portable credential.--The term ``portable credential''-- (A) means a documented award by a responsible and authorized entity that has determined that an individual has achieved specific learning outcomes relative to a given standard; and (B) includes a degree, diploma, license, certificate, badge, and professional or industry certification that-- (i) has value locally and nationally in labor markets, educational systems, or other contexts; (ii) is defined publicly in such a way that allows educators, employers, and other individuals and entities to understand and verify the full set of skills represented by the credential; and (iii) enables a holder of the credential to move vertically and horizontally within and across training and education systems for the attainment of other credentials. (3) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 31, United States Code. (4) Work-based learning.--The term ``work-based learning'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program under which the Secretary shall provide cyber-specific training for eligible individuals. (c) Elements.--The pilot program established under subsection (b) shall incorporate-- (1) virtual platforms for coursework and training; (2) hands-on skills labs and assessments; (3) Federal work-based learning opportunities and programs; and (4) the provision of portable credentials to eligible individuals who graduate from the pilot program. (d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. (e) Coordination.-- (1) Training, platforms, and frameworks.--In developing the pilot program under subsection (b), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cyber education and training to prevent duplication of efforts. (2) Federal work-based learning opportunities and programs.--In developing the Federal work-based learning opportunities and programs required under subsection (c)(3), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies to identify or create interagency opportunities that will enable the pilot program established under subsection (b) to-- (A) bridge the gap between knowledge acquisition and skills application for participants; and (B) give participants the experience necessary to pursue Federal employment. (f) Resources.-- (1) In general.--In any case in which the pilot program established under subsection (b)-- (A) uses a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to ensure that those programs, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or (B) does not use a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to develop or procure programs, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program. (2) Actions.--Actions described in paragraph (1) may include providing additional funding, staff, or other resources to-- (A) provide administrative support for basic functions of the pilot program; (B) ensure the success and ongoing engagement of eligible individuals participating in the pilot program; (C) connect graduates of the pilot program to job opportunities within the Federal Government; and (D) allocate dedicated positions for term employment to enable Federal work-based learning opportunities and programs for participants to gain the experience necessary to pursue permanent Federal employment. SEC. 5. FEDERAL WORKFORCE ASSESSMENT EXTENSION. Section 304(a) of the Federal Cybersecurity Workforce Assessment Act of 2015 (5 U.S.C. 301 note) is amended, in the matter preceding paragraph (1), by striking ``2022'' and inserting ``2025''. SEC. 6. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS. (a) Technical Amendments.-- (1) Homeland security act of 2002.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended-- (A) in the first section 2215 (6 U.S.C. 665; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows: ``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.''; (B) in the second section 2215 (6 U.S.C. 665b; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows: ``SEC. 2216. JOINT CYBER PLANNING OFFICE.''; (C) in the third section 2215 (6 U.S.C. 665c; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows: ``SEC. 2217. CYBERSECURITY STATE COORDINATOR.''; (D) in the fourth section 2215 (6 U.S.C. 665d; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows: ``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.''; (E) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: ``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; and (F) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: ``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''. (2) Consolidated appropriations act, 2021.--Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended, in the matter preceding subparagraph (A), by inserting ``of 2002'' after ``Homeland Security Act''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to sections 2214 through 2217 and inserting the following new items: ``Sec. 2214. National Asset Database. ``Sec. 2215. Duties and authorities relating to .gov internet domain. ``Sec. 2216. Joint cyber planning office. ``Sec. 2217. Cybersecurity State Coordinator. ``Sec. 2218. Sector Risk Management Agencies. ``Sec. 2219. Cybersecurity Advisory Committee. ``Sec. 2220. Cybersecurity Education and Training Programs. ``Sec. 2220A. Apprenticeship program.''. <all>

Federal Cybersecurity Workforce Expansion Act

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes.

Federal Cybersecurity Workforce Expansion Act

Rep. Houlahan, Chrissy

D

PA

This bill establishes an apprenticeship program and a pilot program on cybersecurity. The Cybersecurity and Infrastructure Agency may establish one or more apprenticeship programs that leads directly to employment in The Department of Veterans Affairs (VA) shall establish a pilot program under which the VA shall provide cyber-specific training for members of the Armed Forces transitioning from service in the Armed Forces to civilian life and for veterans. The bill extends through FY2025 the submission of a report on an assessment that identifies information technology, cybersecurity, or other cyber-related work roles of critical need in the workforce of federal agencies.

This Act may be cited as the ``Federal Cybersecurity Workforce Expansion Act''. 2. 3. APPRENTICESHIP PROGRAM. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(8) Local workforce development board.--The term `local workforce development board' has the meaning given the term `local board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or ``(iii) partnerships among 1 or more of the entities described in clauses (i) and (ii). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. 4. (a) Definitions.--In this section: (1) Eligible individual.--The term ``eligible individual'' means an individual who is-- (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or (B) a veteran. (4) Work-based learning.--The term ``work-based learning'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. (f) Resources.-- (1) In general.--In any case in which the pilot program established under subsection (b)-- (A) uses a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to ensure that those programs, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or (B) does not use a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to develop or procure programs, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program. 5. SEC. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS. 651 et seq.) 665; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows: ``SEC. ''; (C) in the third section 2215 (6 U.S.C. CYBERSECURITY STATE COORDINATOR. SECTOR RISK MANAGEMENT AGENCIES. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''. 2216. 2217.

This Act may be cited as the ``Federal Cybersecurity Workforce Expansion Act''. 2. 3. APPRENTICESHIP PROGRAM. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(8) Local workforce development board.--The term `local workforce development board' has the meaning given the term `local board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or ``(iii) partnerships among 1 or more of the entities described in clauses (i) and (ii). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. 4. (a) Definitions.--In this section: (1) Eligible individual.--The term ``eligible individual'' means an individual who is-- (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or (B) a veteran. 5. SEC. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS. 651 et seq.) 665; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows: ``SEC. ''; (C) in the third section 2215 (6 U.S.C. CYBERSECURITY STATE COORDINATOR. SECTOR RISK MANAGEMENT AGENCIES. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''. 2217.

This Act may be cited as the ``Federal Cybersecurity Workforce Expansion Act''. 2. 3. CYBERSECURITY AND INFRASTRUCTURE SECURITY APPRENTICESHIP PROGRAM. APPRENTICESHIP PROGRAM. 1059c); and ``(B) a public 2-year State institution of higher education. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(7) Local educational agency; secondary school.--The terms `local educational agency' and `secondary school' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. ``(8) Local workforce development board.--The term `local workforce development board' has the meaning given the term `local board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(11) Related instruction.--The term `related instruction' means an organized and systematic form of instruction designed to provide an individual in an apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program. 3102). ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or ``(iii) partnerships among 1 or more of the entities described in clauses (i) and (ii). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. 4. (a) Definitions.--In this section: (1) Eligible individual.--The term ``eligible individual'' means an individual who is-- (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or (B) a veteran. (4) Work-based learning.--The term ``work-based learning'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (f) Resources.-- (1) In general.--In any case in which the pilot program established under subsection (b)-- (A) uses a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to ensure that those programs, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or (B) does not use a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to develop or procure programs, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program. 5. SEC. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS. 651 et seq.) 665; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows: ``SEC. JOINT CYBER PLANNING OFFICE. ''; (C) in the third section 2215 (6 U.S.C. CYBERSECURITY STATE COORDINATOR. SECTOR RISK MANAGEMENT AGENCIES. CYBERSECURITY ADVISORY COMMITTEE. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''. 2214. 2216. 2217. 2218. 2219. 2220. 2220A.

This Act may be cited as the ``Federal Cybersecurity Workforce Expansion Act''. 2. 3. CYBERSECURITY AND INFRASTRUCTURE SECURITY APPRENTICESHIP PROGRAM. APPRENTICESHIP PROGRAM. 1059c); and ``(B) a public 2-year State institution of higher education. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(7) Local educational agency; secondary school.--The terms `local educational agency' and `secondary school' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. ``(8) Local workforce development board.--The term `local workforce development board' has the meaning given the term `local board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(11) Related instruction.--The term `related instruction' means an organized and systematic form of instruction designed to provide an individual in an apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program. ``(12) Sponsor.--The term `sponsor' means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved. 3102). ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or ``(iii) partnerships among 1 or more of the entities described in clauses (i) and (ii). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(e) Optional Use of Grants or Cooperative Agreements.--An apprenticeship program under this section may include entering into a contract or cooperative agreement with or making a grant to an eligible entity if determined appropriate by the Director based on the eligible entity-- ``(1) demonstrating experience in implementing and providing career planning and career pathways toward apprenticeship programs; ``(2) having knowledge of cybersecurity workforce development; ``(3) being eligible to enter into a contract or cooperative agreement with or receive grant funds from the Agency as described in this section; ``(4) providing students who complete the apprenticeship program with a recognized postsecondary credential; ``(5) using related instruction that is specifically aligned with the needs of the Agency and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and ``(6) demonstrating successful outcomes connecting graduates of the apprenticeship program to careers relevant to the program. ``(i) Excepted Service.--Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208. 4. (a) Definitions.--In this section: (1) Eligible individual.--The term ``eligible individual'' means an individual who is-- (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or (B) a veteran. (4) Work-based learning.--The term ``work-based learning'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (f) Resources.-- (1) In general.--In any case in which the pilot program established under subsection (b)-- (A) uses a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to ensure that those programs, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or (B) does not use a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to develop or procure programs, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program. 5. 301 note) is amended, in the matter preceding paragraph (1), by striking ``2022'' and inserting ``2025''. SEC. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS. (a) Technical Amendments.-- (1) Homeland security act of 2002.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) 665; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows: ``SEC. JOINT CYBER PLANNING OFFICE. ''; (C) in the third section 2215 (6 U.S.C. CYBERSECURITY STATE COORDINATOR. SECTOR RISK MANAGEMENT AGENCIES. CYBERSECURITY ADVISORY COMMITTEE. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''. 2214. 2216. 2217. 2218. 2219. 2220. 2220A.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CYBERSECURITY AND INFRASTRUCTURE SECURITY APPRENTICESHIP PROGRAM. Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) ``(a) Definitions.--In this section: ``(1) Area career and technical education school.--The term `area career and technical education school' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(2) Community college.--The term `community college' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree, including-- ``(A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and ``(B) a public 2-year State institution of higher education. ); ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ), other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(6) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(8) Local workforce development board.--The term `local workforce development board' has the meaning given the term `local board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(13) State apprenticeship agency.--The term `State apprenticeship agency' has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any corresponding similar regulation or ruling. ``(14) State workforce development board.--The term `State workforce development board' has the meaning given the term `State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(f) Applications.--If the Director enters into an arrangement as described in subsection (e), an eligible entity seeking a contract, cooperative agreement, or grant under the program shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. ``(h) Technical Assistance.--The Director shall provide technical assistance to eligible entities to leverage the existing job training and education programs of the Agency and other relevant programs at appropriate Federal agencies. ``(i) Excepted Service.--Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208. ``(k) Performance Reports.--Not later than 1 year after the establishment of an apprenticeship program under this section, and annually thereafter, the Director shall submit to Congress and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)). ``(l) Authorization of Appropriations.--There is authorized to be appropriated to the Agency such sums as necessary to carry out this section.''. (a) Definitions.--In this section: (1) Eligible individual.--The term ``eligible individual'' means an individual who is-- (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or (B) a veteran. ( 4) Work-based learning.--The term ``work-based learning'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ( (c) Elements.--The pilot program established under subsection (b) shall incorporate-- (1) virtual platforms for coursework and training; (2) hands-on skills labs and assessments; (3) Federal work-based learning opportunities and programs; and (4) the provision of portable credentials to eligible individuals who graduate from the pilot program. ( d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. ( FEDERAL WORKFORCE ASSESSMENT EXTENSION. B) in the second section 2215 (6 U.S.C. 665b; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows: ``SEC. 665c; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows: ``SEC. CYBERSECURITY STATE COORDINATOR. ''; ( and (F) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: ``SEC. Cybersecurity Education and Training Programs.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. ``(a) Definitions.--In this section: ``(1) Area career and technical education school.--The term `area career and technical education school' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(2) Community college.--The term `community college' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree, including-- ``(A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and ``(B) a public 2-year State institution of higher education. other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(B) Sponsor requirement.--Not fewer than 1 entity described in subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. ``(7) Local educational agency; secondary school.--The terms `local educational agency' and `secondary school' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(12) Sponsor.--The term `sponsor' means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved. ``(14) State workforce development board.--The term `State workforce development board' has the meaning given the term `State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(f) Applications.--If the Director enters into an arrangement as described in subsection (e), an eligible entity seeking a contract, cooperative agreement, or grant under the program shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. ``(h) Technical Assistance.--The Director shall provide technical assistance to eligible entities to leverage the existing job training and education programs of the Agency and other relevant programs at appropriate Federal agencies. ``(k) Performance Reports.--Not later than 1 year after the establishment of an apprenticeship program under this section, and annually thereafter, the Director shall submit to Congress and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)). 3) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 31, United States Code. ( d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. (e) Coordination.-- (1) Training, platforms, and frameworks.--In developing the pilot program under subsection (b), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cyber education and training to prevent duplication of efforts. ( FEDERAL WORKFORCE ASSESSMENT EXTENSION. SECTOR RISK MANAGEMENT AGENCIES. ''; ( E) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: ``SEC. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''. (2) Consolidated appropriations act, 2021.--Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended, in the matter preceding subparagraph (A), by inserting ``of 2002'' after ``Homeland Security Act''. ( National Asset Database.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. ``(a) Definitions.--In this section: ``(1) Area career and technical education school.--The term `area career and technical education school' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(2) Community college.--The term `community college' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree, including-- ``(A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and ``(B) a public 2-year State institution of higher education. other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(B) Sponsor requirement.--Not fewer than 1 entity described in subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. ``(7) Local educational agency; secondary school.--The terms `local educational agency' and `secondary school' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(12) Sponsor.--The term `sponsor' means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved. ``(14) State workforce development board.--The term `State workforce development board' has the meaning given the term `State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(f) Applications.--If the Director enters into an arrangement as described in subsection (e), an eligible entity seeking a contract, cooperative agreement, or grant under the program shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. ``(h) Technical Assistance.--The Director shall provide technical assistance to eligible entities to leverage the existing job training and education programs of the Agency and other relevant programs at appropriate Federal agencies. ``(k) Performance Reports.--Not later than 1 year after the establishment of an apprenticeship program under this section, and annually thereafter, the Director shall submit to Congress and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)). 3) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 31, United States Code. ( d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. (e) Coordination.-- (1) Training, platforms, and frameworks.--In developing the pilot program under subsection (b), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cyber education and training to prevent duplication of efforts. ( FEDERAL WORKFORCE ASSESSMENT EXTENSION. SECTOR RISK MANAGEMENT AGENCIES. ''; ( E) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: ``SEC. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''. (2) Consolidated appropriations act, 2021.--Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended, in the matter preceding subparagraph (A), by inserting ``of 2002'' after ``Homeland Security Act''. ( National Asset Database.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CYBERSECURITY AND INFRASTRUCTURE SECURITY APPRENTICESHIP PROGRAM. Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) ``(a) Definitions.--In this section: ``(1) Area career and technical education school.--The term `area career and technical education school' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(2) Community college.--The term `community college' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree, including-- ``(A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and ``(B) a public 2-year State institution of higher education. ); ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ), other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(6) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(8) Local workforce development board.--The term `local workforce development board' has the meaning given the term `local board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(13) State apprenticeship agency.--The term `State apprenticeship agency' has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any corresponding similar regulation or ruling. ``(14) State workforce development board.--The term `State workforce development board' has the meaning given the term `State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(f) Applications.--If the Director enters into an arrangement as described in subsection (e), an eligible entity seeking a contract, cooperative agreement, or grant under the program shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. ``(h) Technical Assistance.--The Director shall provide technical assistance to eligible entities to leverage the existing job training and education programs of the Agency and other relevant programs at appropriate Federal agencies. ``(i) Excepted Service.--Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208. ``(k) Performance Reports.--Not later than 1 year after the establishment of an apprenticeship program under this section, and annually thereafter, the Director shall submit to Congress and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)). ``(l) Authorization of Appropriations.--There is authorized to be appropriated to the Agency such sums as necessary to carry out this section.''. (a) Definitions.--In this section: (1) Eligible individual.--The term ``eligible individual'' means an individual who is-- (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or (B) a veteran. ( 4) Work-based learning.--The term ``work-based learning'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ( (c) Elements.--The pilot program established under subsection (b) shall incorporate-- (1) virtual platforms for coursework and training; (2) hands-on skills labs and assessments; (3) Federal work-based learning opportunities and programs; and (4) the provision of portable credentials to eligible individuals who graduate from the pilot program. ( d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. ( FEDERAL WORKFORCE ASSESSMENT EXTENSION. B) in the second section 2215 (6 U.S.C. 665b; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows: ``SEC. 665c; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows: ``SEC. CYBERSECURITY STATE COORDINATOR. ''; ( and (F) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: ``SEC. Cybersecurity Education and Training Programs.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. (e) Coordination.-- (1) Training, platforms, and frameworks.--In developing the pilot program under subsection (b), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cyber education and training to prevent duplication of efforts. ( E) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: ``SEC.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ), 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(14) State workforce development board.--The term `State workforce development board' has the meaning given the term `State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(i) Excepted Service.--Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208. ``(l) Authorization of Appropriations.--There is authorized to be appropriated to the Agency such sums as necessary to carry out this section.''. ( d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. ( ''; ( and (F) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: ``SEC. Cybersecurity Education and Training Programs.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. (e) Coordination.-- (1) Training, platforms, and frameworks.--In developing the pilot program under subsection (b), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cyber education and training to prevent duplication of efforts. ( E) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: ``SEC.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ), 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(14) State workforce development board.--The term `State workforce development board' has the meaning given the term `State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(i) Excepted Service.--Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208. ``(l) Authorization of Appropriations.--There is authorized to be appropriated to the Agency such sums as necessary to carry out this section.''. ( d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. ( ''; ( and (F) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: ``SEC. Cybersecurity Education and Training Programs.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(b) Establishment of Apprenticeship Programs.--Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. (e) Coordination.-- (1) Training, platforms, and frameworks.--In developing the pilot program under subsection (b), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cyber education and training to prevent duplication of efforts. ( E) in section 2216 (6 U.S.C. 665e; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: ``SEC.

To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq. ), 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(14) State workforce development board.--The term `State workforce development board' has the meaning given the term `State board' in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(d) Coordination.--In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. ``(i) Excepted Service.--Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208. ``(l) Authorization of Appropriations.--There is authorized to be appropriated to the Agency such sums as necessary to carry out this section.''. ( d) Alignment With NICE Workforce Framework for Cybersecurity.--The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800- 181), or any successor framework. ( ''; ( and (F) in section 2217 (6 U.S.C. 665f; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: ``SEC. Cybersecurity Education and Training Programs.

Federal Cybersecurity Workforce Expansion Act This bill amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. Congress finds that: (1) the need for qualified cybersecurity personnel is greater than Directs the Director of the National Institute of Standards and Technology (NIST) to establish one or more apprenticeship programs that: (1) lead directly to cybersecurity work roles with the National Security Agency (NSA) or a company or other entity; (2) are funded at least in majority part through a contract, grant, or cooperative agreement with the NSA; (3) are Directs the Director of the Federal Bureau of Investigation (FBI) to establish a pilot program on cybersecurity training for veterans transitioning from service in the Armed Forces to civilian life. (Sec. 4) Authorizes participation in the program in cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by this Act. Requires the Director to: (1) report to This bill amends the Homeland Security Act of 2002 to direct the Department of Veterans Affairs (VA) to take actions as may be necessary to ensure that those programs, platforms, and frameworks are expanded and resourced to accommodate the usage by eligible individuals participating in a pilot program established under the Department's Department of Veteran Affairs Cybersecurity Workforce Assessment Program. In any case in which

S.3064

Agriculture and Food

White House Conference on Food, Nutrition, Hunger, and Health Act This bill directs the President to convene a conference to make policy recommendations for ending hunger, creating sustainable markets for agricultural producers, and improving nutrition and the resiliency of the food system. The bill also requires specified congressional committees to hold hearings on the conference recommendations and on the status of hunger, nutrition security, and food systems.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Conference on Food, Nutrition, Hunger, and Health Act''. SEC. 2. FINDINGS. Congress finds that-- (1) hunger and food and nutrition insecurity are conditions that can be solved; (2) access to healthy food and good nutrition should be a fundamental priority of each individual who lives in a State; (3) more than 50 years have passed since the United States convened a White House conference to comprehensively address the issues of food, hunger, health, and nutrition in the United States; (4) more than 38,000,000 individuals live in households that face food insecurity, 12,600,000 of whom are children and 5,000,000 of whom are seniors and persons with disabilities or critical illnesses; (5)(A) because of the COVID-19 pandemic, more than 42,000,000 individuals, including 13,000,000 children, are projected to experience food insecurity; and (B) diet-related diseases greatly worsen outcomes from COVID-19, contributing to nearly \2/3\ of all COVID-19 hospitalizations in the United States; (6)(A) the COVID-19 pandemic has disrupted global and local food supply chains, identifying the fragility and importance of the food system as a national security issue and making clear that a diverse local and regional food system is essential to the resilience of the United States; and (B) that issue has become entangled with the issues of hunger and food and nutrition insecurity; (7)(A) the burdens of food insecurity are not distributed equally, as the burdens remain higher among racial and ethnic minority groups, in rural areas, and in the south and southeast; (B) households headed by Blacks and Hispanics face higher rates of food insecurity, at a rate of 21.2 percent and 16.2 percent, respectively, while the national average is 11.1 percent; and (C) the geographic distributions of food insecurity remain a serious concern, as rural communities represent 87 percent of the counties in the United States with the highest rates of overall food insecurity; (8)(A) nutrition insecurity and diet-related chronic diseases disproportionately affect racial and ethnic minority groups and low-income, rural, and other underserved populations in the United States; and (B) in just over 10 years, type 2 diabetes rates have doubled for African-American children and increased 50 percent for Native-American children and Hispanic children between 10 and 19 years old; (9) conservative cost estimates show that the true cost of hunger and illness related to hunger and food and nutrition insecurity in the United States is at least $160,000,000,000 per year with respect to direct medical costs, most of which is paid by Medicare and Medicaid, an amount that exceeds the annual budget of the Department of Agriculture; (10) hyper-consolidation in the food industry has led to a dramatic decline in the farmer's share of the food dollar, fewer choices for consumers, and economic insecurity for rural communities, many of which are now considered food deserts; (11)(A) better food and nutrition can save the United States billions of dollars in health care costs by preventing or delaying the progression to late-stage disease for tens of millions of individuals who live in a State and have chronic diseases; (B) the adverse social, physical, and psychological outcomes associated with food and nutrition insecurity are well documented, particularly in households with children, including higher rates of diabetes and hypertension, self-reported fair or poor health, maternal depression, behavioral problems and developmental delays in early life, and poor academic achievement; (C) those outcomes are not only detrimental to the health and well-being of individual children and families, but also negatively impact broader society; and (D) based on a combination of lower worker productivity, higher costs of public education, greater health care costs, and the cost associated with emergency food distribution, the economic burden associated with food insecurity has been estimated to be over $178,930,000,000 annually; and (12) a national discussion of the root causes and social determinants of hunger and food and nutrition insecurity, as well as identification of solutions to those epidemics, can lead to action to implement those solutions and to end hunger in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (2) Conference.--The term ``Conference'' means the White House Conference on Food, Nutrition, Hunger, and Health convened under section 4(a). (3) Policy committee.--The term ``Policy Committee'' means the Policy Committee established under section 5(a). (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). (5) State.--The term ``State'' means-- (A) any of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the United States Virgin Islands; and (G) the Commonwealth of the Northern Mariana Islands. SEC. 4. AUTHORIZATION OF THE CONFERENCE. (a) Authority To Call Conference.--The President shall call the White House Conference on Food, Nutrition, Hunger, and Health, to be convened by the Co-chairs not later than 18 months after the selection of the members of the Policy Committee in accordance with section 5(a)-- (1) to make fundamental policy recommendations with respect to ending hunger, improving nutrition, making the food system more resilient, and creating sustainable markets for farmers and ranchers in the United States; and (2) to implement the purposes described in subsection (d) and improve Federal food and nutrition assistance programs. (b) Selection of a Presidential Designee.--The President shall select a senior executive branch official to serve as Presidential Designee. (c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. (d) Purposes.--The purposes of the Conference are-- (1) to identify the impacts of the COVID-19 pandemic on the state of food and nutrition insecurity; (2) to identify areas of weakness within the food system of the United States; (3) to explore the impact of racial, urban, rural, and geographic disparities on hunger and food and nutrition insecurity; (4) to identify viable solutions for-- (A) ending hunger in the United States by 2030; (B) reducing by \1/2\ the level of nutrition insecurity by 2025; and (C) reducing by \1/2\ the level of diet-related illnesses by 2030; (5) to identify any changes and trends with respect to food and nutrition-related security, health, and healthcare spending for the 30 years prior to the date of enactment of this Act; (6) to review the structure, scope, and effectiveness of existing laws, regulations, or programs-- (A) at the Federal, State, and local levels that provide for the nutritional needs of food-insecure individuals who live in a State; and (B) across all Federal departments and agencies that carry out activities related to food and nutrition; (7) to identify possible duplication among Federal food and nutrition programs and to recommend streamlining opportunities in order to improve nutritional and food security outcomes in the United States; (8) to determine the extent to which current Federal, State, and local programs can help improve the nutritional health of individuals who live in a State to better use available resources and ensure greater coordination among those programs; (9) to identify the ways in which healthcare systems can best integrate and incorporate food and nutrition interventions to improve health, end hunger, and reduce by \1/2\ the levels of nutrition insecurity and diet-related illnesses in the United States; (10) to identify ways to provide opportunities for independent family farmers and ranchers to meet the nutritional needs of every individual who lives in a State; (11) to highlight emerging and innovative programs from the public and private sectors, including community-based and faith-based organizations that effectively address the nutrition needs of vulnerable individuals who live in a State; (12) to identify opportunities for effective partnerships between the government, private industry, labor, healthcare, independent family farmers, and nonprofit sectors to fight hunger in the United States; (13) to bring public attention to the more than 38,000,000 individuals who live in a State that face a constant struggle against hunger, food insecurity, and nutrition insecurity; (14) to review-- (A) the medical, developmental, and educational impact of hunger, food insecurity, and nutrition insecurity; (B) the potential savings to the United States health care system, educational system, and other sectors when appropriate food is available to the critically and chronically ill; and (C) the economic opportunities for independent farmers and ranchers to provide healthy food to their communities; and (15) to build understanding among individuals who live in a State-- (A) of the cost of hunger and nutrition insecurity in the United States, including lost wages, diminished stamina, and reduced capacity to learn; and (B) that hunger, malnutrition, and food and nutrition insecurity, in addition to an increasingly consolidated and foreign-owned food and farm supply system, is a matter of national security. SEC. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. (2) Senate appointees.-- (A) Three members shall be appointed by the majority leader of the Senate, in consultation with-- (i) the chairperson and ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; (ii) the chairperson and ranking member of the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (iii) the chairperson and ranking member of the Committee on Finance of the Senate. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. (B) Three members shall be appointed by the minority leader of the House of Representatives, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). (b) Operation of Committee.-- (1) Chairperson.-- (A) In general.--The Presidential Designee shall serve as the chairperson of the Policy Committee. (B) Voting privilege.--The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. (B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. (c) Duties of the Committee.-- (1) Meetings.-- (A) Initial meeting.--The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). (B) Regular meetings.--Subsequent meetings of the Policy Committee shall be held at the call of the Co- chairs of the Conference. (2) Duties.--Through meetings, hearings, and working sessions, the Policy Committee shall-- (A) make recommendations to the Co-chairs to facilitate the timely convening of the Conference; (B) not later than 90 days after the first meeting of the Policy Committee, prepare and submit to the Co- chairs a proposed agenda for the Conference that reflects, to the greatest extent practicable-- (i) the major issues facing the field of food and nutrition; and (ii) the purposes of the Conference described in section 4(d); (C) make recommendations with respect to the selection of the delegates to the Conference; (D) establish the number of delegates to be selected under section 6; and (E) establish an executive committee that-- (i) consists of 3 members of the Policy Committee, selected in consultation with the Committee on Agriculture of the House of Representatives, the Committee on Rules of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (ii) collaborates with the delegates to the Conference. SEC. 6. CONFERENCE DELEGATES. To carry out the purposes of the Conference described in section 4(d), the Co-chairs shall appoint delegates who are representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) individuals working in the field of food, health, nutrition, farming, and economic security; and (3) members of the general public who are affected by hunger and nutrition insecurity in the United States. SEC. 7. CONFERENCE ADMINISTRATION. (a) Administration.--In administering this Act, the Co-chairs shall-- (1) not later than 48 hours before the start of a meeting, hearing, or working session, provide written notice to all members of the Policy Committee of that meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of Federal departments and agencies as may be appropriate, including the detailing of personnel from those departments and agencies; (3) make available for public comment the proposed agenda submitted by the Policy Committee under section 5(c)(2)(B); (4) not later than 30 days after the date on which the proposed agenda is submitted for public comment under paragraph (3), approve that agenda; and (5) prepare and make available to delegates background materials determined by the Co-chairs to be necessary. (b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. (c) Duties.--The Co-chairs shall ensure that-- (1) the proposed agenda prepared under section 5(c)(2)(B) is published in the Federal Register not later than 30 days after that agenda is approved under subsection (a)(4); (2) any employed personnel are fairly balanced with respect to points of views represented and are appointed without regard to political affiliation or previous partisan activities; (3) the recommendations of the Conference-- (A) are not inappropriately influenced by any special interest; and (B) are the result of the independent and collective judgment of the delegates to the Conference; and (4) not later than 30 days before the Conference is convened, the delegates to the Conference have access to information provided by relevant Federal agencies that includes-- (A) updated statistical data (including decennial census data) and other information on food and nutrition in the United States; and (B) information necessary to evaluate Federal programs and policies relating to food and nutrition. (d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. (2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. SEC. 8. CONFERENCE REPORT. (a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. (2) Views and findings.--The Policy Committee shall request that, not later than 45 days after the submission of the report by the Policy Committee under paragraph (1)(B), the chief executive officers of each of the States shall submit to the Policy Committee views and findings with respect to that report. (b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). SEC. 9. STATUS REPORTS. (a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. SEC. 10. COMMITTEE HEARINGS. (a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. (c) Exercise of Rulemaking Authority.--Subsections (a) and (b) are enacted-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, and, as such, shall be considered as part of the rules of the Senate or the House of Representatives (as the case may be), and such rules shall supersede any other rule of the Senate or the House of Representatives only to the extent that any such rule is inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate or the House of Representatives. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (2) Limitation.--Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts. (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury. <all>

White House Conference on Food, Nutrition, Hunger, and Health Act

A bill to authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes.

White House Conference on Food, Nutrition, Hunger, and Health Act

Sen. Booker, Cory A.

D

NJ

This bill directs the President to convene a conference to make policy recommendations for ending hunger, creating sustainable markets for agricultural producers, and improving nutrition and the resiliency of the food system. The bill also requires specified congressional committees to hold hearings on the conference recommendations and on the status of hunger, nutrition security, and food systems.

2. FINDINGS. 3. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). 4. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). 6. CONFERENCE DELEGATES. 7. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. CONFERENCE REPORT. 9. 10. (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. SEC. 11. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held.

2. FINDINGS. 3. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). 4. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). 6. CONFERENCE DELEGATES. 7. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. CONFERENCE REPORT. 9. 10. (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. SEC. 11. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held.

2. FINDINGS. 3. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). 4. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). 6. CONFERENCE DELEGATES. 7. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. CONFERENCE REPORT. 9. 10. (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. SEC. 11. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held.

SHORT TITLE. 2. FINDINGS. 3. DEFINITIONS. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). 4. (d) Purposes.--The purposes of the Conference are-- (1) to identify the impacts of the COVID-19 pandemic on the state of food and nutrition insecurity; (2) to identify areas of weakness within the food system of the United States; (3) to explore the impact of racial, urban, rural, and geographic disparities on hunger and food and nutrition insecurity; (4) to identify viable solutions for-- (A) ending hunger in the United States by 2030; (B) reducing by \1/2\ the level of nutrition insecurity by 2025; and (C) reducing by \1/2\ the level of diet-related illnesses by 2030; (5) to identify any changes and trends with respect to food and nutrition-related security, health, and healthcare spending for the 30 years prior to the date of enactment of this Act; (6) to review the structure, scope, and effectiveness of existing laws, regulations, or programs-- (A) at the Federal, State, and local levels that provide for the nutritional needs of food-insecure individuals who live in a State; and (B) across all Federal departments and agencies that carry out activities related to food and nutrition; (7) to identify possible duplication among Federal food and nutrition programs and to recommend streamlining opportunities in order to improve nutritional and food security outcomes in the United States; (8) to determine the extent to which current Federal, State, and local programs can help improve the nutritional health of individuals who live in a State to better use available resources and ensure greater coordination among those programs; (9) to identify the ways in which healthcare systems can best integrate and incorporate food and nutrition interventions to improve health, end hunger, and reduce by \1/2\ the levels of nutrition insecurity and diet-related illnesses in the United States; (10) to identify ways to provide opportunities for independent family farmers and ranchers to meet the nutritional needs of every individual who lives in a State; (11) to highlight emerging and innovative programs from the public and private sectors, including community-based and faith-based organizations that effectively address the nutrition needs of vulnerable individuals who live in a State; (12) to identify opportunities for effective partnerships between the government, private industry, labor, healthcare, independent family farmers, and nonprofit sectors to fight hunger in the United States; (13) to bring public attention to the more than 38,000,000 individuals who live in a State that face a constant struggle against hunger, food insecurity, and nutrition insecurity; (14) to review-- (A) the medical, developmental, and educational impact of hunger, food insecurity, and nutrition insecurity; (B) the potential savings to the United States health care system, educational system, and other sectors when appropriate food is available to the critically and chronically ill; and (C) the economic opportunities for independent farmers and ranchers to provide healthy food to their communities; and (15) to build understanding among individuals who live in a State-- (A) of the cost of hunger and nutrition insecurity in the United States, including lost wages, diminished stamina, and reduced capacity to learn; and (B) that hunger, malnutrition, and food and nutrition insecurity, in addition to an increasingly consolidated and foreign-owned food and farm supply system, is a matter of national security. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). (B) Voting privilege.--The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (B) Regular meetings.--Subsequent meetings of the Policy Committee shall be held at the call of the Co- chairs of the Conference. 6. CONFERENCE DELEGATES. 7. CONFERENCE ADMINISTRATION. (b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. CONFERENCE REPORT. (b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). 9. 10. (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. SEC. 11. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (2) Limitation.--Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( 4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). ( (b) Selection of a Presidential Designee.--The President shall select a senior executive branch official to serve as Presidential Designee. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. ( (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( 2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. ( (B) Regular meetings.--Subsequent meetings of the Policy Committee shall be held at the call of the Co- chairs of the Conference. ( CONFERENCE DELEGATES. To carry out the purposes of the Conference described in section 4(d), the Co-chairs shall appoint delegates who are representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) individuals working in the field of food, health, nutrition, farming, and economic security; and (3) members of the general public who are affected by hunger and nutrition insecurity in the United States. CONFERENCE ADMINISTRATION. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( 2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( (b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( (a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. AUTHORIZATION OF APPROPRIATIONS. ( a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. ( 2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( (B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( c) Duties of the Committee.-- (1) Meetings.-- (A) Initial meeting.--The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). ( b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( (B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( c) Duties of the Committee.-- (1) Meetings.-- (A) Initial meeting.--The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). ( b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( 4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). ( (b) Selection of a Presidential Designee.--The President shall select a senior executive branch official to serve as Presidential Designee. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. ( (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( 2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. ( (B) Regular meetings.--Subsequent meetings of the Policy Committee shall be held at the call of the Co- chairs of the Conference. ( CONFERENCE DELEGATES. To carry out the purposes of the Conference described in section 4(d), the Co-chairs shall appoint delegates who are representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) individuals working in the field of food, health, nutrition, farming, and economic security; and (3) members of the general public who are affected by hunger and nutrition insecurity in the United States. CONFERENCE ADMINISTRATION. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( 2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( (b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( (a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. AUTHORIZATION OF APPROPRIATIONS. ( a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. ( 2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( (B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( c) Duties of the Committee.-- (1) Meetings.-- (A) Initial meeting.--The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). ( b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. ( (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( 2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. ( ( ( 2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( ( a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( ( a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( ( (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. ( 2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( ( B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). ( a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. ( (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( 2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. ( ( ( 2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( ( a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( ( a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( ( (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. ( 2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( ( B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). ( a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. 3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( ( a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( (

White House Conference on Food, Nutrition, Hunger, and Health Act - Authorizes the Secretary of Agriculture to lead a White House Conference to identify and implement solutions to end hunger and food and nutrition insecurity. Requires the Secretary to report to Congress on the results of the conference. Directs the Secretary, in consultation with the Department of Health and Human Services (HHS), to develop a Directs the Co-chairs, in consultation with the Presidential Designee, to plan, conduct, and convene the Conference to: (1) identify the impacts of the COVID-19 pandemic on the state of food and nutrition insecurity; (2) identify areas of weakness within the food system of the United States; (3) explore the impact of racial, urban, Directs the Co-chairs to: (1) provide written notice to all members of the Policy Committee of the start of a meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of Federal departments and agencies, including the detailing of personnel from those departments and agency; (3) make available for public comment the proposed agenda submitted by the Policy Authorizes appropriations for each of FY2009-FY2013 for: (1) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (2) the Conference in which it is held. (Sec. 10) Requires the Presidential Designee to prepare a status report documenting the implementation of the recommendations contained in the final report of the Conference. (

H.R.5724

Agriculture and Food

White House Conference on Food, Nutrition, Hunger, and Health Act This bill directs the President to convene a conference to make policy recommendations for ending hunger, creating sustainable markets for agricultural producers, and improving nutrition and the resiliency of the food system. The bill also requires specified congressional committees to hold hearings on the conference recommendations and on the status of hunger, nutrition security, and food systems.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``White House Conference on Food, Nutrition, Hunger, and Health Act''. SEC. 2. FINDINGS. Congress finds that-- (1) hunger and food and nutrition insecurity are conditions that can be solved; (2) access to healthy food and good nutrition should be a fundamental priority of each individual who lives in a State; (3) more than 50 years have passed since the United States convened a White House conference to comprehensively address the issues of food, hunger, health, and nutrition in the United States; (4) more than 38,000,000 individuals live in households that face food insecurity, 12,600,000 of whom are children and 5,000,000 of whom are seniors and persons with disabilities or critical illnesses; (5)(A) because of the COVID-19 pandemic, more than 42,000,000 individuals, including 13,000,000 children, are projected to experience food insecurity; and (B) diet-related diseases greatly worsen outcomes from COVID-19, contributing to nearly \2/3\ of all COVID-19 hospitalizations in the United States; (6)(A) the COVID-19 pandemic has disrupted global and local food supply chains, identifying the fragility and importance of the food system as a national security issue and making clear that a diverse local and regional food system is essential to the resilience of the United States; and (B) that issue has become entangled with the issues of hunger and food and nutrition insecurity; (7)(A) the burdens of food insecurity are not distributed equally, as the burdens remain higher among racial and ethnic minority groups, in rural areas, and in the south and southeast; (B) households headed by Blacks and Hispanics face higher rates of food insecurity, at a rate of 21.2 percent and 16.2 percent, respectively, while the national average is 11.1 percent; and (C) the geographic distributions of food insecurity remain a serious concern, as rural communities represent 87 percent of the counties in the United States with the highest rates of overall food insecurity; (8)(A) nutrition insecurity and diet-related chronic diseases disproportionately affect racial and ethnic minority groups and low-income, rural, and other underserved populations in the United States; and (B) in just over 10 years, type 2 diabetes rates have doubled for African-American children and increased 50 percent for Native-American children and Hispanic children between 10 and 19 years old; (9) conservative cost estimates show that the true cost of hunger and illness related to hunger and food and nutrition insecurity in the United States is at least $160,000,000,000 per year with respect to direct medical costs, most of which is paid by Medicare and Medicaid, an amount that exceeds the annual budget of the Department of Agriculture; (10) hyper-consolidation in the food industry has led to a dramatic decline in the farmer's share of the food dollar, fewer choices for consumers, and economic insecurity for rural communities, many of which are now considered food deserts; (11)(A) better food and nutrition can save the United States billions of dollars in health care costs by preventing or delaying the progression to late-stage disease for tens of millions of individuals who live in a State and have chronic diseases; (B) the adverse social, physical, and psychological outcomes associated with food and nutrition insecurity are well documented, particularly in households with children, including higher rates of diabetes and hypertension, self-reported fair or poor health, maternal depression, behavioral problems and developmental delays in early life, and poor academic achievement; (C) those outcomes are not only detrimental to the health and well-being of individual children and families, but also negatively impact broader society; and (D) based on a combination of lower worker productivity, higher costs of public education, greater health care costs, and the cost associated with emergency food distribution, the economic burden associated with food insecurity has been estimated to be over $178,930,000,000 annually; and (12) a national discussion of the root causes and social determinants of hunger and food and nutrition insecurity, as well as identification of solutions to those epidemics, can lead to action to implement those solutions and to end hunger in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (2) Conference.--The term ``Conference'' means the White House Conference on Food, Nutrition, Hunger, and Health convened under section 4(a). (3) Policy committee.--The term ``Policy Committee'' means the Policy Committee established under section 5(a). (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). (5) State.--The term ``State'' means-- (A) any of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the United States Virgin Islands; and (G) the Commonwealth of the Northern Mariana Islands. SEC. 4. AUTHORIZATION OF THE CONFERENCE. (a) Authority To Call Conference.--The President shall call the White House Conference on Food, Nutrition, Hunger, and Health, to be convened by the Co-chairs not later than 18 months after the selection of the members of the Policy Committee in accordance with section 5(a)-- (1) to make fundamental policy recommendations with respect to ending hunger, improving nutrition, making the food system more resilient, and creating sustainable markets for farmers and ranchers in the United States; and (2) to implement the purposes described in subsection (d) and improve Federal food and nutrition assistance programs. (b) Selection of a Presidential Designee.--The President shall select a senior executive branch official to serve as Presidential Designee. (c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. (d) Purposes.--The purposes of the Conference are-- (1) to identify the impacts of the COVID-19 pandemic on the state of food and nutrition insecurity; (2) to identify areas of weakness within the food system of the United States; (3) to explore the impact of racial, urban, rural, and geographic disparities on hunger and food and nutrition insecurity; (4) to identify viable solutions for-- (A) ending hunger in the United States by 2030; (B) reducing by \1/2\ the level of nutrition insecurity by 2025; and (C) reducing by \1/2\ the level of diet-related illnesses by 2030; (5) to identify any changes and trends with respect to food and nutrition-related security, health, and healthcare spending for the 30 years prior to the date of enactment of this Act; (6) to review the structure, scope, and effectiveness of existing laws, regulations, or programs-- (A) at the Federal, State, and local levels that provide for the nutritional needs of food-insecure individuals who live in a State; and (B) across all Federal departments and agencies that carry out activities related to food and nutrition; (7) to identify possible duplication among Federal food and nutrition programs and to recommend streamlining opportunities in order to improve nutritional and food security outcomes in the United States; (8) to determine the extent to which current Federal, State, and local programs can help improve the nutritional health of individuals who live in a State to better use available resources and ensure greater coordination among those programs; (9) to identify the ways in which healthcare systems can best integrate and incorporate food and nutrition interventions to improve health, end hunger, and reduce by \1/2\ the levels of nutrition insecurity and diet-related illnesses in the United States; (10) to identify ways to provide opportunities for independent family farmers and ranchers to meet the nutritional needs of every individual who lives in a State; (11) to highlight emerging and innovative programs from the public and private sectors, including community-based and faith-based organizations that effectively address the nutrition needs of vulnerable individuals who live in a State; (12) to identify opportunities for effective partnerships between the government, private industry, labor, healthcare, independent family farmers, and nonprofit sectors to fight hunger in the United States; (13) to bring public attention to the more than 38,000,000 individuals who live in a State that face a constant struggle against hunger, food insecurity, and nutrition insecurity; (14) to review-- (A) the medical, developmental, and educational impact of hunger, food insecurity, and nutrition insecurity; (B) the potential savings to the United States health care system, educational system, and other sectors when appropriate food is available to the critically and chronically ill; and (C) the economic opportunities for independent farmers and ranchers to provide healthy food to their communities; and (15) to build understanding among individuals who live in a State-- (A) of the cost of hunger and nutrition insecurity in the United States, including lost wages, diminished stamina, and reduced capacity to learn; and (B) that hunger, malnutrition, and food and nutrition insecurity, in addition to an increasingly consolidated and foreign-owned food and farm supply system, is a matter of national security. SEC. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. (2) Senate appointees.-- (A) Three members shall be appointed by the majority leader of the Senate, in consultation with-- (i) the chairperson and ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; (ii) the chairperson and ranking member of the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (iii) the chairperson and ranking member of the Committee on Finance of the Senate. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. (B) Three members shall be appointed by the minority leader of the House of Representatives, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). (b) Operation of Committee.-- (1) Chairperson.-- (A) In general.--The Presidential Designee shall serve as the chairperson of the Policy Committee. (B) Voting privilege.--The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. (B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. (c) Duties of the Committee.-- (1) Meetings.-- (A) Initial meeting.--The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). (B) Regular meetings.--Subsequent meetings of the Policy Committee shall be held at the call of the Co- chairs of the Conference. (2) Duties.--Through meetings, hearings, and working sessions, the Policy Committee shall-- (A) make recommendations to the Co-chairs to facilitate the timely convening of the Conference; (B) not later than 90 days after the first meeting of the Policy Committee, prepare and submit to the Co- chairs a proposed agenda for the Conference that reflects, to the greatest extent practicable-- (i) the major issues facing the field of food and nutrition; and (ii) the purposes of the Conference described in section 4(d); (C) make recommendations with respect to the selection of the delegates to the Conference; (D) establish the number of delegates to be selected under section 6; and (E) establish an executive committee that-- (i) consists of 3 members of the Policy Committee, selected in consultation with the Committee on Agriculture of the House of Representatives, the Committee on Rules of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (ii) collaborates with the delegates to the Conference. SEC. 6. CONFERENCE DELEGATES. To carry out the purposes of the Conference described in section 4(d), the Co-chairs shall appoint delegates who are representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) individuals working in the field of food, health, nutrition, farming, and economic security; and (3) members of the general public who are affected by hunger and nutrition insecurity in the United States. SEC. 7. CONFERENCE ADMINISTRATION. (a) Administration.--In administering this Act, the Co-chairs shall-- (1) not later than 48 hours before the start of a meeting, hearing, or working session, provide written notice to all members of the Policy Committee of that meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of Federal departments and agencies as may be appropriate, including the detailing of personnel from those departments and agencies; (3) make available for public comment the proposed agenda submitted by the Policy Committee under section 5(c)(2)(B); (4) not later than 30 days after the date on which the proposed agenda is submitted for public comment under paragraph (3), approve that agenda; and (5) prepare and make available to delegates background materials determined by the Co-chairs to be necessary. (b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. (c) Duties.--The Co-chairs shall ensure that-- (1) the proposed agenda prepared under section 5(c)(2)(B) is published in the Federal Register not later than 30 days after that agenda is approved under subsection (a)(4); (2) any employed personnel are fairly balanced with respect to points of views represented and are appointed without regard to political affiliation or previous partisan activities; (3) the recommendations of the Conference-- (A) are not inappropriately influenced by any special interest; and (B) are the result of the independent and collective judgment of the delegates to the Conference; and (4) not later than 30 days before the Conference is convened, the delegates to the Conference have access to information provided by relevant Federal agencies that includes-- (A) updated statistical data (including decennial census data) and other information on food and nutrition in the United States; and (B) information necessary to evaluate Federal programs and policies relating to food and nutrition. (d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. (2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. SEC. 8. CONFERENCE REPORT. (a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. (2) Views and findings.--The Policy Committee shall request that, not later than 45 days after the submission of the report by the Policy Committee under paragraph (1)(B), the chief executive officers of each of the States shall submit to the Policy Committee views and findings with respect to that report. (b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). SEC. 9. STATUS REPORTS. (a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. SEC. 10. COMMITTEE HEARINGS. (a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. (c) Exercise of Rulemaking Authority.--Subsections (a) and (b) are enacted-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, and, as such, shall be considered as part of the rules of the Senate or the House of Representatives (as the case may be), and such rules shall supersede any other rule of the Senate or the House of Representatives only to the extent that any such rule is inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate or the House of Representatives. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (2) Limitation.--Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts. (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury. <all>

White House Conference on Food, Nutrition, Hunger, and Health Act

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes.

White House Conference on Food, Nutrition, Hunger, and Health Act

Rep. McGovern, James P.

D

MA

This bill directs the President to convene a conference to make policy recommendations for ending hunger, creating sustainable markets for agricultural producers, and improving nutrition and the resiliency of the food system. The bill also requires specified congressional committees to hold hearings on the conference recommendations and on the status of hunger, nutrition security, and food systems.

2. FINDINGS. 3. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). 4. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). 6. CONFERENCE DELEGATES. 7. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. CONFERENCE REPORT. 9. 10. (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. SEC. 11. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held.

2. FINDINGS. 3. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). 4. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). 6. CONFERENCE DELEGATES. 7. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. CONFERENCE REPORT. 9. 10. (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. SEC. 11. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held.

2. FINDINGS. 3. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). 4. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). 6. CONFERENCE DELEGATES. 7. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. CONFERENCE REPORT. 9. 10. (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. SEC. 11. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held.

SHORT TITLE. 2. FINDINGS. 3. DEFINITIONS. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. (4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). 4. (d) Purposes.--The purposes of the Conference are-- (1) to identify the impacts of the COVID-19 pandemic on the state of food and nutrition insecurity; (2) to identify areas of weakness within the food system of the United States; (3) to explore the impact of racial, urban, rural, and geographic disparities on hunger and food and nutrition insecurity; (4) to identify viable solutions for-- (A) ending hunger in the United States by 2030; (B) reducing by \1/2\ the level of nutrition insecurity by 2025; and (C) reducing by \1/2\ the level of diet-related illnesses by 2030; (5) to identify any changes and trends with respect to food and nutrition-related security, health, and healthcare spending for the 30 years prior to the date of enactment of this Act; (6) to review the structure, scope, and effectiveness of existing laws, regulations, or programs-- (A) at the Federal, State, and local levels that provide for the nutritional needs of food-insecure individuals who live in a State; and (B) across all Federal departments and agencies that carry out activities related to food and nutrition; (7) to identify possible duplication among Federal food and nutrition programs and to recommend streamlining opportunities in order to improve nutritional and food security outcomes in the United States; (8) to determine the extent to which current Federal, State, and local programs can help improve the nutritional health of individuals who live in a State to better use available resources and ensure greater coordination among those programs; (9) to identify the ways in which healthcare systems can best integrate and incorporate food and nutrition interventions to improve health, end hunger, and reduce by \1/2\ the levels of nutrition insecurity and diet-related illnesses in the United States; (10) to identify ways to provide opportunities for independent family farmers and ranchers to meet the nutritional needs of every individual who lives in a State; (11) to highlight emerging and innovative programs from the public and private sectors, including community-based and faith-based organizations that effectively address the nutrition needs of vulnerable individuals who live in a State; (12) to identify opportunities for effective partnerships between the government, private industry, labor, healthcare, independent family farmers, and nonprofit sectors to fight hunger in the United States; (13) to bring public attention to the more than 38,000,000 individuals who live in a State that face a constant struggle against hunger, food insecurity, and nutrition insecurity; (14) to review-- (A) the medical, developmental, and educational impact of hunger, food insecurity, and nutrition insecurity; (B) the potential savings to the United States health care system, educational system, and other sectors when appropriate food is available to the critically and chronically ill; and (C) the economic opportunities for independent farmers and ranchers to provide healthy food to their communities; and (15) to build understanding among individuals who live in a State-- (A) of the cost of hunger and nutrition insecurity in the United States, including lost wages, diminished stamina, and reduced capacity to learn; and (B) that hunger, malnutrition, and food and nutrition insecurity, in addition to an increasingly consolidated and foreign-owned food and farm supply system, is a matter of national security. 5. POLICY COMMITTEE AND RELATED COMMITTEES. (B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). (B) Voting privilege.--The chairperson may vote only to break a tie vote of the other members of the Policy Committee. (B) Regular meetings.--Subsequent meetings of the Policy Committee shall be held at the call of the Co- chairs of the Conference. 6. CONFERENCE DELEGATES. 7. CONFERENCE ADMINISTRATION. (b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. (2) Public availability.--For each gift accepted under subsection (d), the records described in paragraph (1) shall be made public not later than 30 days after the date on which the gift is received. 8. CONFERENCE REPORT. (b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). 9. 10. (b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. SEC. 11. (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (2) Limitation.--Any new spending authority or new authority to enter into contracts under this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( 4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). ( (b) Selection of a Presidential Designee.--The President shall select a senior executive branch official to serve as Presidential Designee. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. ( (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( 2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. ( (B) Regular meetings.--Subsequent meetings of the Policy Committee shall be held at the call of the Co- chairs of the Conference. ( CONFERENCE DELEGATES. To carry out the purposes of the Conference described in section 4(d), the Co-chairs shall appoint delegates who are representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) individuals working in the field of food, health, nutrition, farming, and economic security; and (3) members of the general public who are affected by hunger and nutrition insecurity in the United States. CONFERENCE ADMINISTRATION. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( 2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( (b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( (a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. AUTHORIZATION OF APPROPRIATIONS. ( a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. ( 2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( (B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( c) Duties of the Committee.-- (1) Meetings.-- (A) Initial meeting.--The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). ( b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( (B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( c) Duties of the Committee.-- (1) Meetings.-- (A) Initial meeting.--The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). ( b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( 4) Presidential designee.--The term ``Presidential Designee'' means the Presidential Designee selected by the President under section 4(b). ( (b) Selection of a Presidential Designee.--The President shall select a senior executive branch official to serve as Presidential Designee. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. ( (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( 2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. ( (B) Regular meetings.--Subsequent meetings of the Policy Committee shall be held at the call of the Co- chairs of the Conference. ( CONFERENCE DELEGATES. To carry out the purposes of the Conference described in section 4(d), the Co-chairs shall appoint delegates who are representative of the spectrum of thought in the field of food and nutrition, without regard to political affiliation or past partisan activity, who shall include-- (1) representatives of Federal, State, and local governments; (2) individuals working in the field of food, health, nutrition, farming, and economic security; and (3) members of the general public who are affected by hunger and nutrition insecurity in the United States. CONFERENCE ADMINISTRATION. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( 2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( (b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( (a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( b) Hearings on Status of Hunger, Nutrition Security, and Food Systems.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold annual hearings on the status of hunger, food and nutrition insecurity, and resilient food systems in the United States. AUTHORIZATION OF APPROPRIATIONS. ( a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. ( 2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Co-chairs.--The term ``Co-chairs'' means-- (A) the Secretary of Health and Human Services; (B) the Secretary of Agriculture; and (C) the Secretary of the Treasury. ( c) Planning and Direction.--The Co-chairs, in consultation with the Presidential Designee, shall plan, conduct, and convene the Conference. POLICY COMMITTEE AND RELATED COMMITTEES. ( B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( (B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( c) Duties of the Committee.-- (1) Meetings.-- (A) Initial meeting.--The Co-chairs of the Conference shall hold the first meeting of the Policy Committee not later than 30 days after the last member is appointed to the Committee in accordance with subsection (a). ( b) No Compensation.--All members appointed under this Act shall serve in the roles for which they are appointed without compensation. ( d) Gifts.-- (1) In general.--The Co-chairs may accept, on behalf of the United States, gifts (in cash or in kind, including voluntary and uncompensated services), which shall be available to carry out this Act. ( (e) Records.-- (1) In general.--The Co-chairs shall maintain records regarding-- (A) the sources, amounts, and uses of gifts accepted under subsection (d); and (B) the identity of each individual assisting in carrying out this Act, and the amount of compensation, if any, received by each such individual. ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). (b) Subsequent Status Reports.--Not later than 5 years after the date on which the Conference adjourns, and every 2 years thereafter for not longer than 10 years, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in that final report; and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( (a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. ( b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. ( (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( 2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. ( ( ( 2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( ( a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( ( a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( ( (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. ( 2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( ( B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). ( a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. a) Establishment.--Not later than June 30, 2022, the Co-chairs shall establish a Policy Committee composed of 25 members to be appointed as follows: (1) Presidential appointees.--Thirteen members shall be appointed by the President and shall include-- (A) the Presidential Designee; (B) 2 members who are officers or employees of the United States; (C) 2 members who are representatives of the healthcare system; (D) 2 members who are farmers or ranchers; and (E) 6 members with experience in addressing the needs of food-insecure and nutrition-insecure individuals who live in a State. ( (3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( 2) Voting.-- (A) In general.--The Policy Committee shall act by the vote of a majority of the members present. ( ( ( 2) Additional amount.--Gifts of cash shall be available in addition to amounts appropriated to carry out this Act. ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( ( a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( ( a) Hearings on Reports.--The Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Rules of the House of Representatives shall each hold hearings on the recommendations and status reports transmitted to Congress under sections 8(b)(2), 9(a)(2), and 9(b)(2). ( ( (b) Availability of Funds.-- (1) In general.--Funds appropriated to carry out this Act and funds received as gifts under section 7(d) shall remain available for obligation or expenditure for 1 year after the date on which the Conference adjourns. ( 2) Unobligated funds.--Any funds described in paragraph (1) that are not expended or obligated before the expiration of the 1-year period described in that paragraph shall be returned to the United States Treasury.

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. B) Three members shall be appointed by the minority leader of the Senate, in consultation with the members of the committees described in clauses (i), (ii), and (iii) of subparagraph (A). ( ( B) Quorum.--A quorum of members shall not be required to conduct Policy Committee business. ( ( b) Final Report.--Not later than 180 days after the date on which the Conference adjourns, the Policy Committee shall-- (1) prepare a final report on the Conference, which shall include-- (A) a compilation of the views and findings of the chief executive officers of each of the States submitted under subsection (a)(2); and (B) recommendations for administrative action and legislation with respect to those views and findings; and (2) publish in the Federal Register, and transmit to the President and to Congress, the recommendations described in paragraph (1)(B). ( a) Authorization.-- (1) In general.--There are authorized to be appropriated $2,500,000 to carry out this Act for each of-- (A) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (B) the fiscal year in which the Conference is held. (

To authorize a White House Conference on Food, Nutrition, Hunger, and Health, and for other purposes. 3) House of representatives appointees.-- (A) Three members shall be appointed by the Speaker of the House of Representatives, in consultation with-- (i) the chairperson and ranking member of the Committee on Education and Labor of the House of Representatives; (ii) the chairperson and ranking member of the Committee on Agriculture of the House of Representatives; and (iii) the chairperson and ranking member of the Committee on Ways and Means of the House of Representatives. ( ( a) Preliminary Report.-- (1) In general.--Not later than 100 days after the date on which the Conference adjourns, the Policy Committee shall prepare a preliminary report on the Conference, which shall be-- (A) published in the Federal Register; and (B) submitted to the chief executive officers of each of the States. ( ( a) Initial Status Report.--Not later than 2 years after the date on which the Conference adjourns, the Presidential Designee shall-- (1) prepare a status report documenting the implementation of the recommendations contained in the final report described in section 8(b)(1)(B); and (2) publish in the Federal Register, and transmit to the President and to Congress, that status report. ( (

White House Conference on Food, Nutrition, Hunger, and Health Act - Authorizes the Secretary of Agriculture to lead a White House Conference to identify and implement solutions to end hunger and food and nutrition insecurity. Requires the Secretary to report to Congress on the results of the conference. Directs the Secretary, in consultation with the Department of Health and Human Services (HHS), to develop a Directs the Co-chairs, in consultation with the Presidential Designee, to plan, conduct, and convene the Conference to: (1) identify the impacts of the COVID-19 pandemic on the state of food and nutrition insecurity; (2) identify areas of weakness within the food system of the United States; (3) explore the impact of racial, urban, Directs the Co-chairs to: (1) provide written notice to all members of the Policy Committee of the start of a meeting, hearing, or working session; (2) request the cooperation and assistance of the heads of Federal departments and agencies, including the detailing of personnel from those departments and agency; (3) make available for public comment the proposed agenda submitted by the Policy Authorizes appropriations for each of FY2009-FY2013 for: (1) the fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and (2) the Conference in which it is held. (Sec. 10) Requires the Presidential Designee to prepare a status report documenting the implementation of the recommendations contained in the final report of the Conference. (

S.2740

Health

Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021 or the PREPARE Act This bill establishes the Strategic Active Pharmaceutical Ingredient Reserve. The Department of Health and Human Services (HHS) must annually publish a public list of essential generic medicines that are medically necessary to have available at all times. HHS must report and implement a plan to establish the reserve, which must be designed to minimize the impact of an interruption or reduction in imports of (1) key starting materials (including active pharmaceutical ingredients) for essential generic medicines, and (2) finished dosage forms of essential generic medicines for which key starting materials are not imported. The plan must also contain provisions to strengthen domestic capacity for active pharmaceutical ingredient production, storage, and conversion. Within one year of this bill's enactment, the plan must include at least 25 of the essential generic medicines on the required list. The plan must add at least 25 medicines each year until the full list is covered. HHS must prioritize domestically manufactured key starting materials for the reserve to the maximum extent possible. A manufacturer of an essential generic medicine that switches to an active pharmaceutical ingredient sourced through the reserve shall not have to update the approved application for that medicine. The Government Accountability Office must report to Congress on active pharmaceutical ingredient manufacturing, including the time and costs needed to develop domestic manufacturing capabilities.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021'' or the ``PREPARE Act''. SEC. 2. LISTING OF ESSENTIAL GENERIC MEDICINES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319M the following: ``SEC. 319N. LISTING OF ESSENTIAL GENERIC MEDICINES. ``(a) In General.--The Secretary, in consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, the Secretary of Defense, Secretary of Homeland Security, and other heads of agencies, as appropriate, shall establish and make public a list of essential generic medicines determined, in accordance with subsection (b), to be medically necessary to have available at all times. ``(b) Requirements.-- ``(1) Initial list.--The initial list of essential generic medicines under subsection (a) shall be the generic medicines included on the list of essential medicines, medical countermeasures, and critical inputs identified by the Commissioner of Food and Drugs as published on October 30, 2020, in accordance with section 3(c) of Executive Order 13944. ``(c) Updates.-- ``(1) Annual review.--Not less than once each year, the Secretary, after consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, the Secretary of Defense, Secretary of Homeland Security, and other heads of agencies, as appropriate, shall review and update the list of essential generic medicines required under subsection (a). ``(2) Rationale.--In carrying out the annual review and update under paragraph (1), the Secretary shall provide a rationale for each essential generic medicine added to, or removed from, the list under subsection (a). ``(3) Specific populations.--The Secretary shall consider including on the list under subsection (a), and, where appropriate, include on such list, essential generic medicines that are essential to specific subpopulations, including pediatric populations, in developing the list under such subsection. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(B) Threat assessments considerations.--Each threat assessment under this paragraph shall include consideration of-- ``(i) the lack of existing domestic capacity of essential generic medicines; ``(ii) the concentration of current supply of the essential generic medicine or active pharmaceutical ingredients of the essential generic medicine in one geographical region; ``(iii) whether there are less than 2 manufacturers of the essential generic medicine or active pharmaceutical ingredients of the essential generic medicine; and ``(iv) the potential for increased demand in a public health emergency. ``(5) Director of the strategic active pharmaceutical ingredients reserve.--The Secretary shall appoint a Director of the Strategic Active Pharmaceutical Ingredients Reserve who has experience in one or more of the following areas: supply chain management, disaster response, pharmaceutical or active pharmaceutical ingredient development, or logistics. Such Director shall ensure a sufficient supply of the active pharmaceutical ingredients and critical components necessary to manufacture the essential generic medicines included on the list under subsection (a) in an amount adequate to serve the needs of patients living in the United States and in the appropriate dosage forms. ``(d) Appeal Process.--The Secretary shall establish a process by which stakeholders may appeal a determination by the Secretary not to include an essential generic medicine on the list under subsection (a). ``(e) Definitions.--In this section: ``(1) Drug.--The term `drug' has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act, and includes a biological product (as defined in section 351(i) of this Act). Such term includes prescription and nonprescription drugs, or active pharmaceutical ingredients of drugs. ``(2) Essential generic medicine.--The term `essential generic medicine' means a drug for which a generic is approved, that is medically necessary to have available at all times because the drug is-- ``(A) commonly used to prevent, mitigate, or treat a common disease or condition, or used in a common procedure; ``(B) an antibiotic or antifungal used to treat an infectious diseases; ``(C) necessary to prevent or mitigate a public health emergency; or ``(D) life-supporting, life-sustaining, or intended for use in the prevention or treatment of a debilitating disease or condition.''. SEC. 3. ESTABLISHMENT OF THE STRATEGIC ACTIVE PHARMACEUTICAL INGREDIENT RESERVE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 2, is further amended by inserting after section 319N the following: ``SEC. 319N-1. STRATEGIC ACTIVE PHARMACEUTICAL INGREDIENT RESERVE. ``(a) Strategic Active Pharmaceutical Ingredient Reserve Plan.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021, the Secretary, in consultation with the Assistant Secretary for Preparedness and Response, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the Director of the Biomedical Advanced Research and Development Authority, shall prepare and submit to Congress a Strategic Active Pharmaceutical Ingredient Reserve Plan (referred to in this section as the `Plan') in accordance with subsection (b), which shall be used by the Secretary in establishing and maintaining the Strategic Active Pharmaceutical Ingredient Reserve described in subsection (c). ``(2) Annual updates.--The Secretary shall update the plan annually and, by not later than June 1 of each year, submit the updated plan to the applicable committees of Congress. ``(3) National security considerations.-- ``(A) Submissions.--The Secretary shall ensure that any submission of the plan (including any update to the plan) to the applicable committees of Congress is in a manner that does not compromise national security. ``(B) Exemption from disclosure.--Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(b) Plan Requirements.-- ``(1) In general.--The Plan required under subsection (a) shall-- ``(A) detail the design, construction, and filling of the storage and related facilities comprising the Strategic Active Pharmaceutical Ingredient Reserve described in subsection (c) (referred to in this section as the `Reserve'); ``(B) detail the requirements for maintaining the Reserve described in subsection (c), including-- ``(i) storage and testing requirements, consistent with parts 210 and 211 of title 21, Code of Federal Regulations, or any successor regulation; and ``(ii) any specific criteria agreed to by the Secretary and the manufacturer of the essential generic medicine using the active pharmaceutical ingredient or key starting material; ``(C) be designed to minimize the impact of any interruption or reduction in imports of-- ``(i) active pharmaceutical ingredients and other key starting materials that the Secretary determines are, or are likely to become, dependent upon such imports for a substantial portion of finished essential generic medicines; and ``(ii) finished dosage forms of essential generic medicines for which active pharmaceutical ingredients and other key starting materials are not imported; ``(D) include provisions to strengthen domestic capacity for active pharmaceutical ingredient production, storage, and conversion; and ``(E) outline plans and processes for coordinating and consulting, as appropriate, with the Assistant Secretary for Preparedness and Response regarding relevant issues of interest pertaining to the maintenance and stocking of the strategic national stockpile. ``(2) Required components.-- ``(A) In general.--The Plan shall include the following: ``(i) Identification and prioritization of the essential generic medicines included on the most recent list under section 319N(a)-- ``(I) that the Secretary determines are essential for health care needs in the United States; and ``(II) for which the Secretary determines that there is the greatest need to maintain a reserve of the active pharmaceutical ingredients and key starting materials for the essential generic medicines-- ``(aa) taking into account factors including the extent to which the United States is, or is at risk of becoming, dependent on foreign sources for a substantial portion of the domestic need; and ``(bb) giving special consideration to the essential generic medicines at risk of supply interruption as a result of the factors described in section 319N(c)(4)(B). ``(ii) An evaluation of the utilization levels of the essential generic medicines identified under clause (i) to inform how much of the active pharmaceutical ingredients of such medicines is required to cover the projected health care needs for one year of the United States population. ``(iii) A comprehensive assessment of the essential generic medicines identified under clause (i), including the existing manufacturing bases for each such medicine (including identification and location of ownership of such facilities) and whether the active pharmaceutical ingredients of such ingredients are manufactured domestically or abroad, and whether finished dosage conversion steps for such essential generic medicines are performed domestically or abroad. ``(iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. ``(v) An evaluation of the impact that the establishment and ongoing maintenance of the Reserve may have, including on availability and pricing of active pharmaceutical ingredients and finished drug dosages. ``(vi) A distribution plan for the active pharmaceutical ingredients held in the Reserve, which shall include-- ``(I) protocols for the method of conversion of active pharmaceutical ingredients into finished drugs, including conversion of key starting materials into active pharmaceutical ingredients and distribution from the Reserve into the strategic national stockpile and other government and commercial pharmaceutical distribution networks; and ``(II) benchmarks for the Secretary to initiate conversion of drug products that are essential generic medicines using the active pharmaceutical ingredients stored in the Reserve for transfer to the strategic national stockpile or other government or commercial pharmaceutical distribution networks, based on changes in the supply chain for the top essential generic medicines or a determination by the Secretary regarding a threat to public health. ``(vii) A mechanism through which private sector manufacturers of active pharmaceutical ingredients or finished dosage forms may, through contracts with existing Reserve facilities, store and withdraw such ingredients in the Reserve to enhance resilience and reduce shortages and disruptions in the supply chain. ``(viii) A mechanism through which the Federal Government may purchase, via manufacturing partners, reserve capacity for finished drug manufacturing to convert active pharmaceutical ingredients into finished drugs for essential generic medicines. ``(B) Number of drugs.-- ``(i) In general.--Pursuant to subparagraph (A)(i), the Secretary shall ensure that for the first year after the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021, the Plan includes not less than 25 essential generic medicines, and that 25 additional essential generic medicines are included in such Plan for each year thereafter until the active pharmaceutical ingredients necessary to support the full list of essential generic medicines identified under section 319N(a) are covered. ``(ii) Prioritization.--The Secretary shall prioritize essential generic medicines needed immediately in the event of an emergency. ``(3) Quantities of apis and key starting materials.-- ``(A) In general.--To the maximum extent practicable, the Plan should include a plan to ensure that, for each essential generic medicine included in the Plan, the active pharmaceutical ingredients used in the production of such medicine that are stored in the Reserve are available in the minimum quantities as follows: ``(i) By the date that is 18 months after the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021, not less than 10 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(ii) By the date that is 3 years after such date of enactment, not less than 25 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(iii) By the date that is 5 years after such date of enactment, not less than 50 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(iv) By the date that is 10 years after such date of enactment, not less than 90 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(B) Calculation of quantity of api.--In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021. ``(c) Administering the Strategic Active Pharmaceutical Ingredient Reserve.-- ``(1) In general.--With respect to each active pharmaceutical ingredient and key starting material that is included in the Plan, the Secretary shall place in storage, transport, track, and exchange quantities of the substance that are-- ``(A) produced in conformance with all quality requirements under this Act and the Federal Food, Drug, and Cosmetic Act, including the associated regulations of such Acts; ``(B) stored in compliance with-- ``(i) the requirements of parts 210 and 211 of title 21, Code of Federal Regulations, or any successor regulation; and ``(C) any specific criteria agreed to by the Secretary and the manufacturer of the essential generic medicine using the active pharmaceutical ingredient or key starting material. ``(2) Requirements.--To the greatest extent practicable, in carrying out paragraph (1), the Secretary shall acquire active pharmaceutical ingredients and key starting materials in a manner that minimizes cost, minimizes vulnerability of the United States to severe shortages or disruptions for essential generic medicines, minimizes the impact of acquisition of such ingredients and materials to the marketplace, gives preference to domestic manufacturers, and encourages competition in the marketplace. ``(3) Drawdown of the reserve.-- ``(A) In general.--The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). ``(B) Deviations from plan.--In distributing active pharmaceutical ingredients and key starting materials under subparagraph (A), the Secretary, in consultation with the Commissioner of Food and Drugs and the Assistant Secretary for Preparedness and Response, may deviate from the Plan developed under subsection (b) only after certifying that the distribution from the Reserve is required in response to a significant drug supply interruption. ``(d) Consultation.-- ``(1) In general.--In carrying out this section, the Secretary shall consult with-- ``(A) the Commissioner of Food and Drugs, with respect to identifying essential generic medicines; ``(B) the Administrator of the Centers for Medicare & Medicaid Services, with respect to determining the volume of essential generic medicines needed domestically; and ``(C) the Assistant Secretary for Preparedness and Response, and, as appropriate, the Director of the Centers for Disease Control and Prevention, regarding coordination with the strategic national stockpile. ``(2) Reporting by fda.--The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section. ``(e) Contracting.-- ``(1) In general.--In carrying out this section, the Secretary shall-- ``(A) prioritize the purchase of active pharmaceutical ingredients and other key starting materials manufactured in the United States by domestic manufacturers to the maximum extent possible; ``(B) contract with domestic entities for the-- ``(i) distribution of active pharmaceutical ingredients and finished drug products; ``(ii) storage, withdrawal, testing, and conversion of active pharmaceutical ingredients and other key starting materials; ``(iii) tracking and coordinating the storage, testing, and sale of active pharmaceutical ingredients and other key starting materials; ``(iv) sale of active pharmaceutical ingredients in advance of their expiration dates; and ``(v) manufacturing, including continuous manufacturing as appropriate, of an active pharmaceutical ingredient or other key starting material of an essential generic medicine that is anticipated to be in shortage, as defined by the Secretary for purposes of this section; ``(C) give preference to domestic nonprofit and public-private partnerships, as appropriate; ``(D) ensure geographic diversity of the physical storage of active pharmaceutical ingredients and other key starting materials; ``(E) support domestic manufacturers of active pharmaceuticals and other key starting materials and facilitate long-term domestic capacity for essential generic medicines in the United States; and ``(F) prioritize contracts that facilitate the conversation of active pharmaceutical ingredients and other key starting materials into finished dosage form. ``(2) Rule of construction.--Nothing in this subsection shall be construed to limit the Secretary's ability to enter into other types of contracts to facilitate the implementation of this section. ``(f) Reports to Congress.--The Secretary shall report to the applicable committees of Congress on supply chain resiliency with respect to active pharmaceutical ingredients for essential generic medicines, the status of the Reserve, and other relevant information in a manner that does not compromise national security. ``(g) Definitions.--In this section: ``(1) Applicable committees of congress.--The term `applicable committees of Congress' means-- ``(A) the Committee on Health, Education, Labor, and Pensions and the Committee on Intelligence of the Senate; and ``(B) the Committee on Energy and Commerce of the House of Representatives. ``(2) Essential generic medicine.--The term `essential generic medicine' means a drug included on the most current list under section 319N(a). ``(3) Key starting material.--The term `key starting material' means an active pharmaceutical ingredient or critical input used in the manufacturing of an essential generic medicine, as well as ingredients or components that possess unique attributes essential in assessing the safety and effectiveness of such essential generic medicines, including excipients and inactive ingredients. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. SEC. 4. WAIVER OF CERTAIN FDA ANDA REQUIREMENTS. Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended by adding at the end the following: ``(14) Notwithstanding any other provision of this section, the holder of an approved application under this subsection that changes the source of an active pharmaceutical ingredient of the drug that is the subject of such application to a source available through the Strategic Active Pharmaceutical Ingredient Reserve established under section 319N-1 of the Public Health Service Act-- ``(A) shall not be required to update the approved application with respect to such change before changing the source; and ``(B) shall inform the Secretary of the change, through an update to the approved application or other manner determined appropriate by the Secretary, prior to commercial distribution of the drug.''. SEC. 5. GAO REPORT. By not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to Congress that includes-- (1) an assessment of what is known about active pharmaceutical ingredient manufacturing, including-- (A) the time needed to develop and implement domestic manufacturing capabilities; (B) projected costs of developing new manufacturing capabilities for active pharmaceutical ingredients not currently available domestically, as of the date of the report; and (C) projected costs of expanding existing domestic capabilities and policies, as of the date of the report, that may help establish or strengthen domestic manufacturing capacity for active pharmaceutical ingredients, excipients, key starting materials, components, functional ingredients, and finished dosage manufacturing facilities; and (2) an assessment of incentives already offered or being considered for the development or improvement of domestic capacity to manufacture active pharmaceutical ingredients, their intermediates, and their excipients, including-- (A) contractual arrangements for existing domestic storage and manufacturing of active pharmaceutical ingredients; (B) guaranteed contracts for initial purchase and replenishment of essential generic medicines; and (C) other policies designed to help incentivize the relocation of manufacturing facilities to the United States or provide economic incentives for domestic production. <all>

PREPARE Act

A bill to establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production.

PREPARE Act Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021

Sen. Brown, Sherrod

D

OH

This bill establishes the Strategic Active Pharmaceutical Ingredient Reserve. The Department of Health and Human Services (HHS) must annually publish a public list of essential generic medicines that are medically necessary to have available at all times. HHS must report and implement a plan to establish the reserve, which must be designed to minimize the impact of an interruption or reduction in imports of (1) key starting materials (including active pharmaceutical ingredients) for essential generic medicines, and (2) finished dosage forms of essential generic medicines for which key starting materials are not imported. The plan must also contain provisions to strengthen domestic capacity for active pharmaceutical ingredient production, storage, and conversion. Within one year of this bill's enactment, the plan must include at least 25 of the essential generic medicines on the required list. The plan must add at least 25 medicines each year until the full list is covered. HHS must prioritize domestically manufactured key starting materials for the reserve to the maximum extent possible. A manufacturer of an essential generic medicine that switches to an active pharmaceutical ingredient sourced through the reserve shall not have to update the approved application for that medicine. The Government Accountability Office must report to Congress on active pharmaceutical ingredient manufacturing, including the time and costs needed to develop domestic manufacturing capabilities.

This Act may be cited as the ``Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021'' or the ``PREPARE Act''. LISTING OF ESSENTIAL GENERIC MEDICINES. ``(3) Specific populations.--The Secretary shall consider including on the list under subsection (a), and, where appropriate, include on such list, essential generic medicines that are essential to specific subpopulations, including pediatric populations, in developing the list under such subsection. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). Part B of title III of the Public Health Service Act (42 U.S.C. 319N-1. STRATEGIC ACTIVE PHARMACEUTICAL INGREDIENT RESERVE. ``(2) Annual updates.--The Secretary shall update the plan annually and, by not later than June 1 of each year, submit the updated plan to the applicable committees of Congress. ``(iv) By the date that is 10 years after such date of enactment, not less than 90 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(2) Reporting by fda.--The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section. ``(e) Contracting.-- ``(1) In general.--In carrying out this section, the Secretary shall-- ``(A) prioritize the purchase of active pharmaceutical ingredients and other key starting materials manufactured in the United States by domestic manufacturers to the maximum extent possible; ``(B) contract with domestic entities for the-- ``(i) distribution of active pharmaceutical ingredients and finished drug products; ``(ii) storage, withdrawal, testing, and conversion of active pharmaceutical ingredients and other key starting materials; ``(iii) tracking and coordinating the storage, testing, and sale of active pharmaceutical ingredients and other key starting materials; ``(iv) sale of active pharmaceutical ingredients in advance of their expiration dates; and ``(v) manufacturing, including continuous manufacturing as appropriate, of an active pharmaceutical ingredient or other key starting material of an essential generic medicine that is anticipated to be in shortage, as defined by the Secretary for purposes of this section; ``(C) give preference to domestic nonprofit and public-private partnerships, as appropriate; ``(D) ensure geographic diversity of the physical storage of active pharmaceutical ingredients and other key starting materials; ``(E) support domestic manufacturers of active pharmaceuticals and other key starting materials and facilitate long-term domestic capacity for essential generic medicines in the United States; and ``(F) prioritize contracts that facilitate the conversation of active pharmaceutical ingredients and other key starting materials into finished dosage form. 4. WAIVER OF CERTAIN FDA ANDA REQUIREMENTS. SEC. 5. GAO REPORT.

LISTING OF ESSENTIAL GENERIC MEDICINES. ``(3) Specific populations.--The Secretary shall consider including on the list under subsection (a), and, where appropriate, include on such list, essential generic medicines that are essential to specific subpopulations, including pediatric populations, in developing the list under such subsection. Part B of title III of the Public Health Service Act (42 U.S.C. 319N-1. STRATEGIC ACTIVE PHARMACEUTICAL INGREDIENT RESERVE. ``(2) Annual updates.--The Secretary shall update the plan annually and, by not later than June 1 of each year, submit the updated plan to the applicable committees of Congress. ``(2) Reporting by fda.--The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section. ``(e) Contracting.-- ``(1) In general.--In carrying out this section, the Secretary shall-- ``(A) prioritize the purchase of active pharmaceutical ingredients and other key starting materials manufactured in the United States by domestic manufacturers to the maximum extent possible; ``(B) contract with domestic entities for the-- ``(i) distribution of active pharmaceutical ingredients and finished drug products; ``(ii) storage, withdrawal, testing, and conversion of active pharmaceutical ingredients and other key starting materials; ``(iii) tracking and coordinating the storage, testing, and sale of active pharmaceutical ingredients and other key starting materials; ``(iv) sale of active pharmaceutical ingredients in advance of their expiration dates; and ``(v) manufacturing, including continuous manufacturing as appropriate, of an active pharmaceutical ingredient or other key starting material of an essential generic medicine that is anticipated to be in shortage, as defined by the Secretary for purposes of this section; ``(C) give preference to domestic nonprofit and public-private partnerships, as appropriate; ``(D) ensure geographic diversity of the physical storage of active pharmaceutical ingredients and other key starting materials; ``(E) support domestic manufacturers of active pharmaceuticals and other key starting materials and facilitate long-term domestic capacity for essential generic medicines in the United States; and ``(F) prioritize contracts that facilitate the conversation of active pharmaceutical ingredients and other key starting materials into finished dosage form. SEC. 5. GAO REPORT.

This Act may be cited as the ``Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021'' or the ``PREPARE Act''. 243 et seq.) is amended by inserting after section 319M the following: ``SEC. LISTING OF ESSENTIAL GENERIC MEDICINES. ``(3) Specific populations.--The Secretary shall consider including on the list under subsection (a), and, where appropriate, include on such list, essential generic medicines that are essential to specific subpopulations, including pediatric populations, in developing the list under such subsection. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(2) Essential generic medicine.--The term `essential generic medicine' means a drug for which a generic is approved, that is medically necessary to have available at all times because the drug is-- ``(A) commonly used to prevent, mitigate, or treat a common disease or condition, or used in a common procedure; ``(B) an antibiotic or antifungal used to treat an infectious diseases; ``(C) necessary to prevent or mitigate a public health emergency; or ``(D) life-supporting, life-sustaining, or intended for use in the prevention or treatment of a debilitating disease or condition.''. Part B of title III of the Public Health Service Act (42 U.S.C. 319N-1. STRATEGIC ACTIVE PHARMACEUTICAL INGREDIENT RESERVE. ``(2) Annual updates.--The Secretary shall update the plan annually and, by not later than June 1 of each year, submit the updated plan to the applicable committees of Congress. ``(3) National security considerations.-- ``(A) Submissions.--The Secretary shall ensure that any submission of the plan (including any update to the plan) to the applicable committees of Congress is in a manner that does not compromise national security. ``(iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. ``(iv) By the date that is 10 years after such date of enactment, not less than 90 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(2) Reporting by fda.--The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section. ``(e) Contracting.-- ``(1) In general.--In carrying out this section, the Secretary shall-- ``(A) prioritize the purchase of active pharmaceutical ingredients and other key starting materials manufactured in the United States by domestic manufacturers to the maximum extent possible; ``(B) contract with domestic entities for the-- ``(i) distribution of active pharmaceutical ingredients and finished drug products; ``(ii) storage, withdrawal, testing, and conversion of active pharmaceutical ingredients and other key starting materials; ``(iii) tracking and coordinating the storage, testing, and sale of active pharmaceutical ingredients and other key starting materials; ``(iv) sale of active pharmaceutical ingredients in advance of their expiration dates; and ``(v) manufacturing, including continuous manufacturing as appropriate, of an active pharmaceutical ingredient or other key starting material of an essential generic medicine that is anticipated to be in shortage, as defined by the Secretary for purposes of this section; ``(C) give preference to domestic nonprofit and public-private partnerships, as appropriate; ``(D) ensure geographic diversity of the physical storage of active pharmaceutical ingredients and other key starting materials; ``(E) support domestic manufacturers of active pharmaceuticals and other key starting materials and facilitate long-term domestic capacity for essential generic medicines in the United States; and ``(F) prioritize contracts that facilitate the conversation of active pharmaceutical ingredients and other key starting materials into finished dosage form. 4. WAIVER OF CERTAIN FDA ANDA REQUIREMENTS. SEC. 5. GAO REPORT.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021'' or the ``PREPARE Act''. 243 et seq.) is amended by inserting after section 319M the following: ``SEC. LISTING OF ESSENTIAL GENERIC MEDICINES. ``(3) Specific populations.--The Secretary shall consider including on the list under subsection (a), and, where appropriate, include on such list, essential generic medicines that are essential to specific subpopulations, including pediatric populations, in developing the list under such subsection. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(d) Appeal Process.--The Secretary shall establish a process by which stakeholders may appeal a determination by the Secretary not to include an essential generic medicine on the list under subsection (a). ``(2) Essential generic medicine.--The term `essential generic medicine' means a drug for which a generic is approved, that is medically necessary to have available at all times because the drug is-- ``(A) commonly used to prevent, mitigate, or treat a common disease or condition, or used in a common procedure; ``(B) an antibiotic or antifungal used to treat an infectious diseases; ``(C) necessary to prevent or mitigate a public health emergency; or ``(D) life-supporting, life-sustaining, or intended for use in the prevention or treatment of a debilitating disease or condition.''. Part B of title III of the Public Health Service Act (42 U.S.C. 319N-1. STRATEGIC ACTIVE PHARMACEUTICAL INGREDIENT RESERVE. ``(2) Annual updates.--The Secretary shall update the plan annually and, by not later than June 1 of each year, submit the updated plan to the applicable committees of Congress. ``(3) National security considerations.-- ``(A) Submissions.--The Secretary shall ensure that any submission of the plan (including any update to the plan) to the applicable committees of Congress is in a manner that does not compromise national security. ``(ii) An evaluation of the utilization levels of the essential generic medicines identified under clause (i) to inform how much of the active pharmaceutical ingredients of such medicines is required to cover the projected health care needs for one year of the United States population. ``(iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. ``(iv) By the date that is 10 years after such date of enactment, not less than 90 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(B) Deviations from plan.--In distributing active pharmaceutical ingredients and key starting materials under subparagraph (A), the Secretary, in consultation with the Commissioner of Food and Drugs and the Assistant Secretary for Preparedness and Response, may deviate from the Plan developed under subsection (b) only after certifying that the distribution from the Reserve is required in response to a significant drug supply interruption. ``(2) Reporting by fda.--The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section. ``(e) Contracting.-- ``(1) In general.--In carrying out this section, the Secretary shall-- ``(A) prioritize the purchase of active pharmaceutical ingredients and other key starting materials manufactured in the United States by domestic manufacturers to the maximum extent possible; ``(B) contract with domestic entities for the-- ``(i) distribution of active pharmaceutical ingredients and finished drug products; ``(ii) storage, withdrawal, testing, and conversion of active pharmaceutical ingredients and other key starting materials; ``(iii) tracking and coordinating the storage, testing, and sale of active pharmaceutical ingredients and other key starting materials; ``(iv) sale of active pharmaceutical ingredients in advance of their expiration dates; and ``(v) manufacturing, including continuous manufacturing as appropriate, of an active pharmaceutical ingredient or other key starting material of an essential generic medicine that is anticipated to be in shortage, as defined by the Secretary for purposes of this section; ``(C) give preference to domestic nonprofit and public-private partnerships, as appropriate; ``(D) ensure geographic diversity of the physical storage of active pharmaceutical ingredients and other key starting materials; ``(E) support domestic manufacturers of active pharmaceuticals and other key starting materials and facilitate long-term domestic capacity for essential generic medicines in the United States; and ``(F) prioritize contracts that facilitate the conversation of active pharmaceutical ingredients and other key starting materials into finished dosage form. 4. WAIVER OF CERTAIN FDA ANDA REQUIREMENTS. 355(j)) is amended by adding at the end the following: ``(14) Notwithstanding any other provision of this section, the holder of an approved application under this subsection that changes the source of an active pharmaceutical ingredient of the drug that is the subject of such application to a source available through the Strategic Active Pharmaceutical Ingredient Reserve established under section 319N-1 of the Public Health Service Act-- ``(A) shall not be required to update the approved application with respect to such change before changing the source; and ``(B) shall inform the Secretary of the change, through an update to the approved application or other manner determined appropriate by the Secretary, prior to commercial distribution of the drug.''. SEC. 5. GAO REPORT.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. ``(b) Requirements.-- ``(1) Initial list.--The initial list of essential generic medicines under subsection (a) shall be the generic medicines included on the list of essential medicines, medical countermeasures, and critical inputs identified by the Commissioner of Food and Drugs as published on October 30, 2020, in accordance with section 3(c) of Executive Order 13944. ``(c) Updates.-- ``(1) Annual review.--Not less than once each year, the Secretary, after consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, the Secretary of Defense, Secretary of Homeland Security, and other heads of agencies, as appropriate, shall review and update the list of essential generic medicines required under subsection (a). ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(5) Director of the strategic active pharmaceutical ingredients reserve.--The Secretary shall appoint a Director of the Strategic Active Pharmaceutical Ingredients Reserve who has experience in one or more of the following areas: supply chain management, disaster response, pharmaceutical or active pharmaceutical ingredient development, or logistics. Such Director shall ensure a sufficient supply of the active pharmaceutical ingredients and critical components necessary to manufacture the essential generic medicines included on the list under subsection (a) in an amount adequate to serve the needs of patients living in the United States and in the appropriate dosage forms. ``(e) Definitions.--In this section: ``(1) Drug.--The term `drug' has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act, and includes a biological product (as defined in section 351(i) of this Act). ``(2) Essential generic medicine.--The term `essential generic medicine' means a drug for which a generic is approved, that is medically necessary to have available at all times because the drug is-- ``(A) commonly used to prevent, mitigate, or treat a common disease or condition, or used in a common procedure; ``(B) an antibiotic or antifungal used to treat an infectious diseases; ``(C) necessary to prevent or mitigate a public health emergency; or ``(D) life-supporting, life-sustaining, or intended for use in the prevention or treatment of a debilitating disease or condition.''. ``(2) Annual updates.--The Secretary shall update the plan annually and, by not later than June 1 of each year, submit the updated plan to the applicable committees of Congress. ``(B) Exemption from disclosure.--Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(ii) An evaluation of the utilization levels of the essential generic medicines identified under clause (i) to inform how much of the active pharmaceutical ingredients of such medicines is required to cover the projected health care needs for one year of the United States population. ``(iii) A comprehensive assessment of the essential generic medicines identified under clause (i), including the existing manufacturing bases for each such medicine (including identification and location of ownership of such facilities) and whether the active pharmaceutical ingredients of such ingredients are manufactured domestically or abroad, and whether finished dosage conversion steps for such essential generic medicines are performed domestically or abroad. ``(iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. ``(v) An evaluation of the impact that the establishment and ongoing maintenance of the Reserve may have, including on availability and pricing of active pharmaceutical ingredients and finished drug dosages. ``(vii) A mechanism through which private sector manufacturers of active pharmaceutical ingredients or finished dosage forms may, through contracts with existing Reserve facilities, store and withdraw such ingredients in the Reserve to enhance resilience and reduce shortages and disruptions in the supply chain. ``(viii) A mechanism through which the Federal Government may purchase, via manufacturing partners, reserve capacity for finished drug manufacturing to convert active pharmaceutical ingredients into finished drugs for essential generic medicines. ``(ii) By the date that is 3 years after such date of enactment, not less than 25 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(iii) By the date that is 5 years after such date of enactment, not less than 50 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(iv) By the date that is 10 years after such date of enactment, not less than 90 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(B) Calculation of quantity of api.--In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021. ``(2) Requirements.--To the greatest extent practicable, in carrying out paragraph (1), the Secretary shall acquire active pharmaceutical ingredients and key starting materials in a manner that minimizes cost, minimizes vulnerability of the United States to severe shortages or disruptions for essential generic medicines, minimizes the impact of acquisition of such ingredients and materials to the marketplace, gives preference to domestic manufacturers, and encourages competition in the marketplace. ``(3) Drawdown of the reserve.-- ``(A) In general.--The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). ``(d) Consultation.-- ``(1) In general.--In carrying out this section, the Secretary shall consult with-- ``(A) the Commissioner of Food and Drugs, with respect to identifying essential generic medicines; ``(B) the Administrator of the Centers for Medicare & Medicaid Services, with respect to determining the volume of essential generic medicines needed domestically; and ``(C) the Assistant Secretary for Preparedness and Response, and, as appropriate, the Director of the Centers for Disease Control and Prevention, regarding coordination with the strategic national stockpile. ``(2) Reporting by fda.--The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section. ``(2) Rule of construction.--Nothing in this subsection shall be construed to limit the Secretary's ability to enter into other types of contracts to facilitate the implementation of this section. ``(f) Reports to Congress.--The Secretary shall report to the applicable committees of Congress on supply chain resiliency with respect to active pharmaceutical ingredients for essential generic medicines, the status of the Reserve, and other relevant information in a manner that does not compromise national security. ``(g) Definitions.--In this section: ``(1) Applicable committees of congress.--The term `applicable committees of Congress' means-- ``(A) the Committee on Health, Education, Labor, and Pensions and the Committee on Intelligence of the Senate; and ``(B) the Committee on Energy and Commerce of the House of Representatives.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. LISTING OF ESSENTIAL GENERIC MEDICINES. ``(a) In General.--The Secretary, in consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, the Secretary of Defense, Secretary of Homeland Security, and other heads of agencies, as appropriate, shall establish and make public a list of essential generic medicines determined, in accordance with subsection (b), to be medically necessary to have available at all times. ``(3) Specific populations.--The Secretary shall consider including on the list under subsection (a), and, where appropriate, include on such list, essential generic medicines that are essential to specific subpopulations, including pediatric populations, in developing the list under such subsection. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(2) Essential generic medicine.--The term `essential generic medicine' means a drug for which a generic is approved, that is medically necessary to have available at all times because the drug is-- ``(A) commonly used to prevent, mitigate, or treat a common disease or condition, or used in a common procedure; ``(B) an antibiotic or antifungal used to treat an infectious diseases; ``(C) necessary to prevent or mitigate a public health emergency; or ``(D) life-supporting, life-sustaining, or intended for use in the prevention or treatment of a debilitating disease or condition.''. ``(B) Exemption from disclosure.--Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(ii) An evaluation of the utilization levels of the essential generic medicines identified under clause (i) to inform how much of the active pharmaceutical ingredients of such medicines is required to cover the projected health care needs for one year of the United States population. ``(v) An evaluation of the impact that the establishment and ongoing maintenance of the Reserve may have, including on availability and pricing of active pharmaceutical ingredients and finished drug dosages. ``(vii) A mechanism through which private sector manufacturers of active pharmaceutical ingredients or finished dosage forms may, through contracts with existing Reserve facilities, store and withdraw such ingredients in the Reserve to enhance resilience and reduce shortages and disruptions in the supply chain. ``(ii) Prioritization.--The Secretary shall prioritize essential generic medicines needed immediately in the event of an emergency. ``(iii) By the date that is 5 years after such date of enactment, not less than 50 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(B) Calculation of quantity of api.--In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021. ``(3) Drawdown of the reserve.-- ``(A) In general.--The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). ``(B) Deviations from plan.--In distributing active pharmaceutical ingredients and key starting materials under subparagraph (A), the Secretary, in consultation with the Commissioner of Food and Drugs and the Assistant Secretary for Preparedness and Response, may deviate from the Plan developed under subsection (b) only after certifying that the distribution from the Reserve is required in response to a significant drug supply interruption. ``(2) Rule of construction.--Nothing in this subsection shall be construed to limit the Secretary's ability to enter into other types of contracts to facilitate the implementation of this section. ``(g) Definitions.--In this section: ``(1) Applicable committees of congress.--The term `applicable committees of Congress' means-- ``(A) the Committee on Health, Education, Labor, and Pensions and the Committee on Intelligence of the Senate; and ``(B) the Committee on Energy and Commerce of the House of Representatives. ``(3) Key starting material.--The term `key starting material' means an active pharmaceutical ingredient or critical input used in the manufacturing of an essential generic medicine, as well as ingredients or components that possess unique attributes essential in assessing the safety and effectiveness of such essential generic medicines, including excipients and inactive ingredients. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. LISTING OF ESSENTIAL GENERIC MEDICINES. ``(a) In General.--The Secretary, in consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, the Secretary of Defense, Secretary of Homeland Security, and other heads of agencies, as appropriate, shall establish and make public a list of essential generic medicines determined, in accordance with subsection (b), to be medically necessary to have available at all times. ``(3) Specific populations.--The Secretary shall consider including on the list under subsection (a), and, where appropriate, include on such list, essential generic medicines that are essential to specific subpopulations, including pediatric populations, in developing the list under such subsection. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(2) Essential generic medicine.--The term `essential generic medicine' means a drug for which a generic is approved, that is medically necessary to have available at all times because the drug is-- ``(A) commonly used to prevent, mitigate, or treat a common disease or condition, or used in a common procedure; ``(B) an antibiotic or antifungal used to treat an infectious diseases; ``(C) necessary to prevent or mitigate a public health emergency; or ``(D) life-supporting, life-sustaining, or intended for use in the prevention or treatment of a debilitating disease or condition.''. ``(B) Exemption from disclosure.--Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(ii) An evaluation of the utilization levels of the essential generic medicines identified under clause (i) to inform how much of the active pharmaceutical ingredients of such medicines is required to cover the projected health care needs for one year of the United States population. ``(v) An evaluation of the impact that the establishment and ongoing maintenance of the Reserve may have, including on availability and pricing of active pharmaceutical ingredients and finished drug dosages. ``(vii) A mechanism through which private sector manufacturers of active pharmaceutical ingredients or finished dosage forms may, through contracts with existing Reserve facilities, store and withdraw such ingredients in the Reserve to enhance resilience and reduce shortages and disruptions in the supply chain. ``(ii) Prioritization.--The Secretary shall prioritize essential generic medicines needed immediately in the event of an emergency. ``(iii) By the date that is 5 years after such date of enactment, not less than 50 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(B) Calculation of quantity of api.--In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021. ``(3) Drawdown of the reserve.-- ``(A) In general.--The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). ``(B) Deviations from plan.--In distributing active pharmaceutical ingredients and key starting materials under subparagraph (A), the Secretary, in consultation with the Commissioner of Food and Drugs and the Assistant Secretary for Preparedness and Response, may deviate from the Plan developed under subsection (b) only after certifying that the distribution from the Reserve is required in response to a significant drug supply interruption. ``(2) Rule of construction.--Nothing in this subsection shall be construed to limit the Secretary's ability to enter into other types of contracts to facilitate the implementation of this section. ``(g) Definitions.--In this section: ``(1) Applicable committees of congress.--The term `applicable committees of Congress' means-- ``(A) the Committee on Health, Education, Labor, and Pensions and the Committee on Intelligence of the Senate; and ``(B) the Committee on Energy and Commerce of the House of Representatives. ``(3) Key starting material.--The term `key starting material' means an active pharmaceutical ingredient or critical input used in the manufacturing of an essential generic medicine, as well as ingredients or components that possess unique attributes essential in assessing the safety and effectiveness of such essential generic medicines, including excipients and inactive ingredients. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. ``(b) Requirements.-- ``(1) Initial list.--The initial list of essential generic medicines under subsection (a) shall be the generic medicines included on the list of essential medicines, medical countermeasures, and critical inputs identified by the Commissioner of Food and Drugs as published on October 30, 2020, in accordance with section 3(c) of Executive Order 13944. Such Director shall ensure a sufficient supply of the active pharmaceutical ingredients and critical components necessary to manufacture the essential generic medicines included on the list under subsection (a) in an amount adequate to serve the needs of patients living in the United States and in the appropriate dosage forms. ``(e) Definitions.--In this section: ``(1) Drug.--The term `drug' has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act, and includes a biological product (as defined in section 351(i) of this Act). ``(B) Exemption from disclosure.--Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. ``(vii) A mechanism through which private sector manufacturers of active pharmaceutical ingredients or finished dosage forms may, through contracts with existing Reserve facilities, store and withdraw such ingredients in the Reserve to enhance resilience and reduce shortages and disruptions in the supply chain. ``(iii) By the date that is 5 years after such date of enactment, not less than 50 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(B) Calculation of quantity of api.--In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021. ``(3) Drawdown of the reserve.-- ``(A) In general.--The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). ``(d) Consultation.-- ``(1) In general.--In carrying out this section, the Secretary shall consult with-- ``(A) the Commissioner of Food and Drugs, with respect to identifying essential generic medicines; ``(B) the Administrator of the Centers for Medicare & Medicaid Services, with respect to determining the volume of essential generic medicines needed domestically; and ``(C) the Assistant Secretary for Preparedness and Response, and, as appropriate, the Director of the Centers for Disease Control and Prevention, regarding coordination with the strategic national stockpile. ``(2) Reporting by fda.--The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(v) An evaluation of the impact that the establishment and ongoing maintenance of the Reserve may have, including on availability and pricing of active pharmaceutical ingredients and finished drug dosages. ``(B) Deviations from plan.--In distributing active pharmaceutical ingredients and key starting materials under subparagraph (A), the Secretary, in consultation with the Commissioner of Food and Drugs and the Assistant Secretary for Preparedness and Response, may deviate from the Plan developed under subsection (b) only after certifying that the distribution from the Reserve is required in response to a significant drug supply interruption. ``(g) Definitions.--In this section: ``(1) Applicable committees of congress.--The term `applicable committees of Congress' means-- ``(A) the Committee on Health, Education, Labor, and Pensions and the Committee on Intelligence of the Senate; and ``(B) the Committee on Energy and Commerce of the House of Representatives. ``(3) Key starting material.--The term `key starting material' means an active pharmaceutical ingredient or critical input used in the manufacturing of an essential generic medicine, as well as ingredients or components that possess unique attributes essential in assessing the safety and effectiveness of such essential generic medicines, including excipients and inactive ingredients.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. ``(b) Requirements.-- ``(1) Initial list.--The initial list of essential generic medicines under subsection (a) shall be the generic medicines included on the list of essential medicines, medical countermeasures, and critical inputs identified by the Commissioner of Food and Drugs as published on October 30, 2020, in accordance with section 3(c) of Executive Order 13944. Such Director shall ensure a sufficient supply of the active pharmaceutical ingredients and critical components necessary to manufacture the essential generic medicines included on the list under subsection (a) in an amount adequate to serve the needs of patients living in the United States and in the appropriate dosage forms. ``(e) Definitions.--In this section: ``(1) Drug.--The term `drug' has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act, and includes a biological product (as defined in section 351(i) of this Act). ``(B) Exemption from disclosure.--Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. ``(vii) A mechanism through which private sector manufacturers of active pharmaceutical ingredients or finished dosage forms may, through contracts with existing Reserve facilities, store and withdraw such ingredients in the Reserve to enhance resilience and reduce shortages and disruptions in the supply chain. ``(iii) By the date that is 5 years after such date of enactment, not less than 50 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. ``(B) Calculation of quantity of api.--In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021. ``(3) Drawdown of the reserve.-- ``(A) In general.--The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). ``(d) Consultation.-- ``(1) In general.--In carrying out this section, the Secretary shall consult with-- ``(A) the Commissioner of Food and Drugs, with respect to identifying essential generic medicines; ``(B) the Administrator of the Centers for Medicare & Medicaid Services, with respect to determining the volume of essential generic medicines needed domestically; and ``(C) the Assistant Secretary for Preparedness and Response, and, as appropriate, the Director of the Centers for Disease Control and Prevention, regarding coordination with the strategic national stockpile. ``(2) Reporting by fda.--The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(v) An evaluation of the impact that the establishment and ongoing maintenance of the Reserve may have, including on availability and pricing of active pharmaceutical ingredients and finished drug dosages. ``(B) Deviations from plan.--In distributing active pharmaceutical ingredients and key starting materials under subparagraph (A), the Secretary, in consultation with the Commissioner of Food and Drugs and the Assistant Secretary for Preparedness and Response, may deviate from the Plan developed under subsection (b) only after certifying that the distribution from the Reserve is required in response to a significant drug supply interruption. ``(g) Definitions.--In this section: ``(1) Applicable committees of congress.--The term `applicable committees of Congress' means-- ``(A) the Committee on Health, Education, Labor, and Pensions and the Committee on Intelligence of the Senate; and ``(B) the Committee on Energy and Commerce of the House of Representatives. ``(3) Key starting material.--The term `key starting material' means an active pharmaceutical ingredient or critical input used in the manufacturing of an essential generic medicine, as well as ingredients or components that possess unique attributes essential in assessing the safety and effectiveness of such essential generic medicines, including excipients and inactive ingredients.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. ``(B) Exemption from disclosure.--Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. ``(B) Calculation of quantity of api.--In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021. ``(3) Drawdown of the reserve.-- ``(A) In general.--The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). ``(d) Consultation.-- ``(1) In general.--In carrying out this section, the Secretary shall consult with-- ``(A) the Commissioner of Food and Drugs, with respect to identifying essential generic medicines; ``(B) the Administrator of the Centers for Medicare & Medicaid Services, with respect to determining the volume of essential generic medicines needed domestically; and ``(C) the Assistant Secretary for Preparedness and Response, and, as appropriate, the Director of the Centers for Disease Control and Prevention, regarding coordination with the strategic national stockpile.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. ``(4) Threat assessments.-- ``(A) In general.--The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811-1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). ``(v) An evaluation of the impact that the establishment and ongoing maintenance of the Reserve may have, including on availability and pricing of active pharmaceutical ingredients and finished drug dosages. ``(B) Deviations from plan.--In distributing active pharmaceutical ingredients and key starting materials under subparagraph (A), the Secretary, in consultation with the Commissioner of Food and Drugs and the Assistant Secretary for Preparedness and Response, may deviate from the Plan developed under subsection (b) only after certifying that the distribution from the Reserve is required in response to a significant drug supply interruption. ``(g) Definitions.--In this section: ``(1) Applicable committees of congress.--The term `applicable committees of Congress' means-- ``(A) the Committee on Health, Education, Labor, and Pensions and the Committee on Intelligence of the Senate; and ``(B) the Committee on Energy and Commerce of the House of Representatives. ``(3) Key starting material.--The term `key starting material' means an active pharmaceutical ingredient or critical input used in the manufacturing of an essential generic medicine, as well as ingredients or components that possess unique attributes essential in assessing the safety and effectiveness of such essential generic medicines, including excipients and inactive ingredients.

To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production. ``(B) Exemption from disclosure.--Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. ``(B) Calculation of quantity of api.--In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021. ``(3) Drawdown of the reserve.-- ``(A) In general.--The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). ``(d) Consultation.-- ``(1) In general.--In carrying out this section, the Secretary shall consult with-- ``(A) the Commissioner of Food and Drugs, with respect to identifying essential generic medicines; ``(B) the Administrator of the Centers for Medicare & Medicaid Services, with respect to determining the volume of essential generic medicines needed domestically; and ``(C) the Assistant Secretary for Preparedness and Response, and, as appropriate, the Director of the Centers for Disease Control and Prevention, regarding coordination with the strategic national stockpile.

Promoting Readiness and Ensuring Proper Active Pharmaceutical ingredient Reserves of Essential Medicines Act of 2021 or the PREARE Act This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to establish and make public a list of essential generic medicines determined to be medically necessary to have available at all times. HHS shall establish a strategic active pharmaceutical Directs the Secretary of Health and Human Services (HHS) to submit to Congress a plan for maintaining the Strategic Active Pharmaceutical Ingredient Reserve (SAPRI). Requires the plan to: (1) identify and prioritize the essential generic medicines that HHS determines are essential for health care needs in the United States; and (2) describe the requirements for maintaining SAPRI. This bill requires the Department of Health and Human Services (HHS) to develop a plan to ensure that, for each essential generic medicine included in the Plan, the active pharmaceutical ingredients used in the production of such medicine are available in the minimum quantities as follows: (1) 18 months after enactment of this bill, not less than 10% of the total amount of such ingredients needed to Amends the Federal Food, Drug, and Cosmetic Act to exempt from Federal and State requirements the holder of an approved application that changes the source of an active pharmaceutical ingredient of a drug to a source available through the Strategic Active Pharmaceutical Ingredient Reserve (SAPIRE) from updating the approved application before changing the source. Requires the holder to inform the Secretary of Health and Human Services

S.2433

Public Lands and Natural Resources

Federal Land Asset Inventory Reform Act of 2021 This bill directs the Department of the Interior and the Forest Service to develop and maintain a current and accurate multipurpose cadastre (inventory) of federal real property under their jurisdictions to support federal land management activities on federal real property, including resource development and conservation and agricultural use. Interior and the Forest Service shall report on (1) existing real property inventories or any components of any cadastre of federal real property, (2) consolidation of inventories and components, (3) the use of existing inventories and components of any cadastre, (4) cost savings that will be achieved, (5) a plan for implementation of this bill, and (6) recommendations for legislation. Interior and the Forest Service shall (1) make the multipurpose cadastre publicly available on the Internet; and (2) ensure that such cadastre includes the identification of all lands suitable for disposal and the appraised value of the land, if an appraisal has been conducted pursuant to the Federal Land Policy and Management Act of 1976.

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''.</DELETED> <DELETED>SEC. 2. CADASTRE OF FEDERAL REAL PROPERTY.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Cadastre.--</DELETED> <DELETED> (A) In general.--The term ``cadastre'' means an inventory of real property developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth, and any information related to the data, including--</DELETED> <DELETED> (i) surveys;</DELETED> <DELETED> (ii) maps;</DELETED> <DELETED> (iii) charts;</DELETED> <DELETED> (iv) satellite and airborne remote sensing data;</DELETED> <DELETED> (v) images; and</DELETED> <DELETED> (vi) services of an architectural or engineering nature performed by 1 or more professionals, as authorized to perform the services under State law, if applicable, such as--</DELETED> <DELETED> (I) a surveyor;</DELETED> <DELETED> (II) a photogrammetrist;</DELETED> <DELETED> (III) a hydrographer;</DELETED> <DELETED> (IV) a geodesist; or</DELETED> <DELETED> (V) a cartographer.</DELETED> <DELETED> (B) Inclusions.--The term ``cadastre'' includes--</DELETED> <DELETED> (i) a reference frame consisting of a current geodetic network that is consistent with, and not duplicative of, the National Geodic Survey of the National Oceanic and Atmospheric Administration;</DELETED> <DELETED> (ii) a series of current and accurate large-scale maps;</DELETED> <DELETED> (iii) an existing cadastral boundary overlay delineating all cadastral parcels;</DELETED> <DELETED> (iv) a system for indexing and identifying each cadastral parcel; and</DELETED> <DELETED> (v) a series of land data files, each including the parcel identifier, which can be used to retrieve information and cross- reference between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel.</DELETED> <DELETED> (2) Department.--The term ``Department'' means the Department of the Interior.</DELETED> <DELETED> (3) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Federal Government.</DELETED> <DELETED> (4) Landholding agency.--The term ``landholding agency'' means a Federal department or agency with statutory authority to control real property.</DELETED> <DELETED> (5) Real property.--The term ``real property'' means real estate consisting of--</DELETED> <DELETED> (A) land;</DELETED> <DELETED> (B) buildings, crops, forests, or other resources still attached to or within the land;</DELETED> <DELETED> (C) improvements or fixtures permanently attached to the land;</DELETED> <DELETED> (D) any structure on the land; or</DELETED> <DELETED> (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D).</DELETED> <DELETED> (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior.</DELETED> <DELETED> (b) Cadastre of Federal Real Property.--</DELETED> <DELETED> (1) Interagency data standardization.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the heads of landholding agencies, shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property.</DELETED> <DELETED> (2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the heads of landholding agencies, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property and any real property included under paragraph (3)(A) to support Federal land management activities on Federal real property, including--</DELETED> <DELETED> (A) resource development and conservation;</DELETED> <DELETED> (B) agricultural use;</DELETED> <DELETED> (C) active forest management;</DELETED> <DELETED> (D) environmental protection; and</DELETED> <DELETED> (E) other use of the real property.</DELETED> <DELETED> (3) Cost-sharing.--</DELETED> <DELETED> (A) In general.--The Secretary may enter into cost-sharing agreements with States to include any non-Federal land in a State in the cadastre under paragraph (2).</DELETED> <DELETED> (B) Cost share.--The Federal share of any cost-sharing agreement described in subparagraph (A) shall not exceed 50 percent of the total cost to a State for the development of the cadastre of non- Federal land in the State.</DELETED> <DELETED> (4) Consolidation and report.--Not later than 180 days 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--</DELETED> <DELETED> (A) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department, including--</DELETED> <DELETED> (i) the statutory authorization for each existing real property inventory or component of a cadastre; and</DELETED> <DELETED> (ii) the amount expended by the Federal Government for each existing real property inventory or component of a cadastre in fiscal year 2020;</DELETED> <DELETED> (B) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department that will be eliminated or consolidated into the multipurpose cadastre under paragraph (2);</DELETED> <DELETED> (C)(i) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department that will not be eliminated or consolidated into the multipurpose cadastre under paragraph (2); and</DELETED> <DELETED> (ii) a justification for not eliminating or consolidating an existing real property inventory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2);</DELETED> <DELETED> (D) the use of existing real property inventories or any components of any cadastre currently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of government;</DELETED> <DELETED> (E) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department that will become part of the multipurpose cadastre under paragraph (2);</DELETED> <DELETED> (F) a plan for the implementation of this section, including a cost estimate and an assessment of the feasibility of using revenue from any transactional activity authorized by law to offset any costs of implementing this section;</DELETED> <DELETED> (G) an assessment described in subparagraphs (A) through (E) with regard to each cadastre and inventory of Federal real property authorized, operated, or maintained by each other Federal agency, which shall be conducted in consultation with the Director of the Office of Management and Budget, the Administrator of the General Services Administration, and the Comptroller General of the United States; and</DELETED> <DELETED> (H) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department.</DELETED> <DELETED> (5) Coordination.--</DELETED> <DELETED> (A) In general.--In carrying out this section, the Secretary shall--</DELETED> <DELETED> (i) participate (in accordance with section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107-347) and section 757 of the Geospatial Data Act of 2018 (43 U.S.C. 2806)) in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre under paragraph (2) for all users of the information;</DELETED> <DELETED> (ii) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee established by section 753(a) of the Geospatial Data Act of 2018 (43 U.S.C. 2802(a)) for the implementation of and compliance with such standards and requirements of that Act as may be applicable to--</DELETED> <DELETED> (I) the cadastre under paragraph (2); and</DELETED> <DELETED> (II) any aspect of the development of the cadastre under paragraph (2);</DELETED> <DELETED> (iii) integrate, or make the cadastre interoperable with, the Federal Real Property Profile or other inventories established pursuant to Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management), the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287), or the Federal Property Management Reform Act of 2016 (Public Law 114-318; 130 Stat. 1608); and</DELETED> <DELETED> (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government.</DELETED> <DELETED> (B) Contracts considered surveying and mapping.--</DELETED> <DELETED> (i) In general.--A contract between the Secretary and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code).</DELETED> <DELETED> (ii) Selection procedures.--A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code.</DELETED> <DELETED> (c) Transparency and Public Access.--The Secretary shall-- </DELETED> <DELETED> (1) in accordance with any requirements applicable to the Department under section 759 of the Geospatial Data Act of 2018 (43 U.S.C. 2808), make the cadastre under subsection (b)(2) publicly available on the internet--</DELETED> <DELETED> (A) in a graphically geo-enabled and searchable format; and</DELETED> <DELETED> (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act (43 U.S.C. 2807(a));</DELETED> <DELETED> (2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and</DELETED> <DELETED> (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States.</DELETED> <DELETED> (d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be--</DELETED> <DELETED> (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and</DELETED> <DELETED> (2) subject to the requirements of that Act.</DELETED> <DELETED> (e) Effect.--Nothing in this section--</DELETED> <DELETED> (1) creates any substantive or procedural right or benefit; or</DELETED> <DELETED> (2) requires or authorizes--</DELETED> <DELETED> (A) any new surveying or mapping of Federal real property;</DELETED> <DELETED> (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity;</DELETED> <DELETED> (C) the disposal of any Federal real property; or</DELETED> <DELETED> (D) any new appraisal or assessment of-- </DELETED> <DELETED> (i) the value of any parcel of Federal land or other real property; or</DELETED> <DELETED> (ii) the cultural and archaeological resources on any parcel of Federal land or other real property.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''. SEC. 2. CADASTRE OF FEDERAL REAL PROPERTY. (a) Definitions.--In this section: (1) Cadastre.-- (A) In general.--The term ``cadastre'' means an inventory of real property developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth, and any information related to the data, including-- (i) surveys; (ii) maps; (iii) charts; (iv) satellite and airborne remote sensing data; (v) images; and (vi) services of an architectural or engineering nature performed by 1 or more professionals, as authorized to perform the services under State law, if applicable, such as-- (I) a surveyor; (II) a photogrammetrist; (III) a hydrographer; (IV) a geodesist; or (V) a cartographer. (B) Inclusions.--The term ``cadastre'' includes-- (i) a reference frame consisting of a current geodetic network that is consistent with, and not duplicative of, the National Geodic Survey of the National Oceanic and Atmospheric Administration; (ii) a series of current and accurate large-scale maps; (iii) an existing cadastral boundary overlay delineating all cadastral parcels; (iv) a system for indexing and identifying each cadastral parcel; and (v) a series of land data files, each including the parcel identifier, which can be used to retrieve information and cross- reference between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel. (2) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Secretary concerned. (3) Real property.--The term ``real property'' means real estate consisting of-- (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Cadastre of Federal Real Property.-- (1) Interagency data standardization.--Not later than 18 months after the date of enactment of this Act, the Secretaries concerned shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property. (2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. (3) Consolidation and report.--Not later than 180 days after the date of enactment of this Act, the Secertaries concerned 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-- (A) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned, including-- (i) the statutory authorization for each existing real property inventory or component of a cadastre; and (ii) the amount expended by the Federal Government for each existing real property inventory or component of a cadastre in fiscal year 2020; (B) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will be eliminated or consolidated into the multipurpose cadastre under paragraph (2); (C)(i) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will not be eliminated or consolidated into the multipurpose cadastre under paragraph (2); and (ii) a justification for not eliminating or consolidating an existing real property inventory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2); (D) the use of existing real property inventories or any components of any cadastre currently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of government; (E) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will become part of the multipurpose cadastre under paragraph (2); (F) a plan for the implementation of this section, including a cost estimate and an assessment of the feasibility of using revenue from any transactional activity authorized by law to offset any costs of implementing this section; and (G) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned. (4) Coordination.-- (A) In general.--In carrying out this section, the Secretaries concerned shall-- (i) participate (in accordance with section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107-347) and section 757 of the Geospatial Data Act of 2018 (43 U.S.C. 2806)) in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre under paragraph (2) for all users of the information; (ii) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee established by section 753(a) of the Geospatial Data Act of 2018 (43 U.S.C. 2802(a)) for the implementation of and compliance with such standards and requirements of that Act as may be applicable to-- (I) the cadastre under paragraph (2); and (II) any aspect of the development of the cadastre under paragraph (2); (iii) integrate, or make the cadastre interoperable with, the Federal Real Property Profile or other inventories established pursuant to Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management), the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287), or the Federal Property Management Reform Act of 2016 (Public Law 114- 318; 130 Stat. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. (B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). (ii) Selection procedures.--A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code. (c) Transparency and Public Access.--The Secretary concerned shall-- (1) in accordance with any requirements applicable to the Secretary concerned under section 759 of the Geospatial Data Act of 2018 (43 U.S.C. 2808), make the cadastre under subsection (b)(2) publicly available on the internet-- (A) in a graphically geo-enabled and searchable format; and (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act (43 U.S.C. 2807(a)); (2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal and the appraised value of the land, if an appraisal has been conducted, in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. (d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and (2) subject to the requirements of that Act. (e) Effect.--Nothing in this section-- (1) creates any substantive or procedural right or benefit; or (2) requires or authorizes-- (A) any new surveying or mapping of Federal real property; (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity; (C) the disposal of any Federal real property; or (D) any new appraisal or assessment of-- (i) the value of any parcel of Federal land or other real property; or (ii) the cultural and archaeological resources on any parcel of Federal land or other real property. Calendar No. 299 117th CONGRESS 2d Session S. 2433 [Report No. 117-91] _______________________________________________________________________

Federal Land Asset Inventory Reform Act of 2021

A bill to require the Secretary of the Interior to develop and maintain a cadastre of Federal real property.

Federal Land Asset Inventory Reform Act of 2021 Federal Land Asset Inventory Reform Act of 2021

Sen. Cramer, Kevin

R

ND

This bill directs the Department of the Interior and the Forest Service to develop and maintain a current and accurate multipurpose cadastre (inventory) of federal real property under their jurisdictions to support federal land management activities on federal real property, including resource development and conservation and agricultural use. Interior and the Forest Service shall report on (1) existing real property inventories or any components of any cadastre of federal real property, (2) consolidation of inventories and components, (3) the use of existing inventories and components of any cadastre, (4) cost savings that will be achieved, (5) a plan for implementation of this bill, and (6) recommendations for legislation. Interior and the Forest Service shall (1) make the multipurpose cadastre publicly available on the Internet; and (2) ensure that such cadastre includes the identification of all lands suitable for disposal and the appraised value of the land, if an appraisal has been conducted pursuant to the Federal Land Policy and Management Act of 1976.

); and</DELETED> <DELETED> (2) subject to the requirements of that Act.</DELETED> <DELETED> (e) Effect.--Nothing in this section--</DELETED> <DELETED> (1) creates any substantive or procedural right or benefit; or</DELETED> <DELETED> (2) requires or authorizes--</DELETED> <DELETED> (A) any new surveying or mapping of Federal real property;</DELETED> <DELETED> (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity;</DELETED> <DELETED> (C) the disposal of any Federal real property; or</DELETED> <DELETED> (D) any new appraisal or assessment of-- </DELETED> <DELETED> (i) the value of any parcel of Federal land or other real property; or</DELETED> <DELETED> (ii) the cultural and archaeological resources on any parcel of Federal land or other real property.</DELETED> SECTION 1. CADASTRE OF FEDERAL REAL PROPERTY. (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C.

); and</DELETED> <DELETED> (2) subject to the requirements of that Act.</DELETED> <DELETED> (e) Effect.--Nothing in this section--</DELETED> <DELETED> (1) creates any substantive or procedural right or benefit; or</DELETED> <DELETED> (2) requires or authorizes--</DELETED> <DELETED> (A) any new surveying or mapping of Federal real property;</DELETED> <DELETED> (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity;</DELETED> <DELETED> (C) the disposal of any Federal real property; or</DELETED> <DELETED> (D) any new appraisal or assessment of-- </DELETED> <DELETED> (i) the value of any parcel of Federal land or other real property; or</DELETED> <DELETED> (ii) the cultural and archaeological resources on any parcel of Federal land or other real property.</DELETED> SECTION 1. CADASTRE OF FEDERAL REAL PROPERTY. (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C.

); and</DELETED> <DELETED> (2) subject to the requirements of that Act.</DELETED> <DELETED> (e) Effect.--Nothing in this section--</DELETED> <DELETED> (1) creates any substantive or procedural right or benefit; or</DELETED> <DELETED> (2) requires or authorizes--</DELETED> <DELETED> (A) any new surveying or mapping of Federal real property;</DELETED> <DELETED> (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity;</DELETED> <DELETED> (C) the disposal of any Federal real property; or</DELETED> <DELETED> (D) any new appraisal or assessment of-- </DELETED> <DELETED> (i) the value of any parcel of Federal land or other real property; or</DELETED> <DELETED> (ii) the cultural and archaeological resources on any parcel of Federal land or other real property.</DELETED> SECTION 1. SHORT TITLE. CADASTRE OF FEDERAL REAL PROPERTY. (B) Inclusions.--The term ``cadastre'' includes-- (i) a reference frame consisting of a current geodetic network that is consistent with, and not duplicative of, the National Geodic Survey of the National Oceanic and Atmospheric Administration; (ii) a series of current and accurate large-scale maps; (iii) an existing cadastral boundary overlay delineating all cadastral parcels; (iv) a system for indexing and identifying each cadastral parcel; and (v) a series of land data files, each including the parcel identifier, which can be used to retrieve information and cross- reference between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel. (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) Consolidation and report.--Not later than 180 days after the date of enactment of this Act, the Secertaries concerned 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-- (A) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned, including-- (i) the statutory authorization for each existing real property inventory or component of a cadastre; and (ii) the amount expended by the Federal Government for each existing real property inventory or component of a cadastre in fiscal year 2020; (B) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will be eliminated or consolidated into the multipurpose cadastre under paragraph (2); (C)(i) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will not be eliminated or consolidated into the multipurpose cadastre under paragraph (2); and (ii) a justification for not eliminating or consolidating an existing real property inventory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2); (D) the use of existing real property inventories or any components of any cadastre currently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of government; (E) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will become part of the multipurpose cadastre under paragraph (2); (F) a plan for the implementation of this section, including a cost estimate and an assessment of the feasibility of using revenue from any transactional activity authorized by law to offset any costs of implementing this section; and (G) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned. (ii) Selection procedures.--A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code. 1701 et seq. (d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C.

1303 note; Public Law 114-287), or the Federal Property Management Reform Act of 2016 (Public Law 114-318; 130 Stat. ); and</DELETED> <DELETED> (2) subject to the requirements of that Act.</DELETED> <DELETED> (e) Effect.--Nothing in this section--</DELETED> <DELETED> (1) creates any substantive or procedural right or benefit; or</DELETED> <DELETED> (2) requires or authorizes--</DELETED> <DELETED> (A) any new surveying or mapping of Federal real property;</DELETED> <DELETED> (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity;</DELETED> <DELETED> (C) the disposal of any Federal real property; or</DELETED> <DELETED> (D) any new appraisal or assessment of-- </DELETED> <DELETED> (i) the value of any parcel of Federal land or other real property; or</DELETED> <DELETED> (ii) the cultural and archaeological resources on any parcel of Federal land or other real property.</DELETED> SECTION 1. SHORT TITLE. SEC. CADASTRE OF FEDERAL REAL PROPERTY. (B) Inclusions.--The term ``cadastre'' includes-- (i) a reference frame consisting of a current geodetic network that is consistent with, and not duplicative of, the National Geodic Survey of the National Oceanic and Atmospheric Administration; (ii) a series of current and accurate large-scale maps; (iii) an existing cadastral boundary overlay delineating all cadastral parcels; (iv) a system for indexing and identifying each cadastral parcel; and (v) a series of land data files, each including the parcel identifier, which can be used to retrieve information and cross- reference between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel. (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) Consolidation and report.--Not later than 180 days after the date of enactment of this Act, the Secertaries concerned 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-- (A) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned, including-- (i) the statutory authorization for each existing real property inventory or component of a cadastre; and (ii) the amount expended by the Federal Government for each existing real property inventory or component of a cadastre in fiscal year 2020; (B) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will be eliminated or consolidated into the multipurpose cadastre under paragraph (2); (C)(i) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will not be eliminated or consolidated into the multipurpose cadastre under paragraph (2); and (ii) a justification for not eliminating or consolidating an existing real property inventory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2); (D) the use of existing real property inventories or any components of any cadastre currently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of government; (E) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will become part of the multipurpose cadastre under paragraph (2); (F) a plan for the implementation of this section, including a cost estimate and an assessment of the feasibility of using revenue from any transactional activity authorized by law to offset any costs of implementing this section; and (G) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned. (4) Coordination.-- (A) In general.--In carrying out this section, the Secretaries concerned shall-- (i) participate (in accordance with section 216 of the E-Government Act of 2002 (44 U.S.C. 2806)) in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre under paragraph (2) for all users of the information; (ii) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee established by section 753(a) of the Geospatial Data Act of 2018 (43 U.S.C. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. (ii) Selection procedures.--A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code. 2808), make the cadastre under subsection (b)(2) publicly available on the internet-- (A) in a graphically geo-enabled and searchable format; and (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act (43 U.S.C. 1701 et seq. ); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. (d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C.

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''. CADASTRE OF FEDERAL REAL PROPERTY. ( 2) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Secretary concerned. (3) Real property.--The term ``real property'' means real estate consisting of-- (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). ( 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. (B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). ( ii) Selection procedures.--A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code. ( ); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. ( d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq. );

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. 2808), make the cadastre under subsection (b)(2) publicly available on the internet--</DELETED> <DELETED> (A) in a graphically geo-enabled and searchable format; and</DELETED> <DELETED> (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act (43 U.S.C. 2807(a));</DELETED> <DELETED> (2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq. ); This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''. 2) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Secretary concerned. ( 3) Real property.--The term ``real property'' means real estate consisting of-- (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). ( (b) Cadastre of Federal Real Property.-- (1) Interagency data standardization.--Not later than 18 months after the date of enactment of this Act, the Secretaries concerned shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property. ( 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. ( B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). ( and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. ( d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq. );

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. 2808), make the cadastre under subsection (b)(2) publicly available on the internet--</DELETED> <DELETED> (A) in a graphically geo-enabled and searchable format; and</DELETED> <DELETED> (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act (43 U.S.C. 2807(a));</DELETED> <DELETED> (2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq. ); This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''. 2) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Secretary concerned. ( 3) Real property.--The term ``real property'' means real estate consisting of-- (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). ( (b) Cadastre of Federal Real Property.-- (1) Interagency data standardization.--Not later than 18 months after the date of enactment of this Act, the Secretaries concerned shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property. ( 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. ( B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). ( and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. ( d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq. );

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''. CADASTRE OF FEDERAL REAL PROPERTY. ( 2) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Secretary concerned. (3) Real property.--The term ``real property'' means real estate consisting of-- (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). ( 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. (B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). ( ii) Selection procedures.--A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code. ( ); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. ( d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq. );

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. 2808), make the cadastre under subsection (b)(2) publicly available on the internet--</DELETED> <DELETED> (A) in a graphically geo-enabled and searchable format; and</DELETED> <DELETED> (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act (43 U.S.C. 2807(a));</DELETED> <DELETED> (2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq. ); This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''. 2) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Secretary concerned. ( 3) Real property.--The term ``real property'' means real estate consisting of-- (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). ( (b) Cadastre of Federal Real Property.-- (1) Interagency data standardization.--Not later than 18 months after the date of enactment of this Act, the Secretaries concerned shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property. ( 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. ( B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). ( and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. ( d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq. );

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''. CADASTRE OF FEDERAL REAL PROPERTY. ( 2) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Secretary concerned. (3) Real property.--The term ``real property'' means real estate consisting of-- (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). ( 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. (B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). ( ii) Selection procedures.--A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code. ( ); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. ( d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq. );

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. ( B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). (

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2021''. CADASTRE OF FEDERAL REAL PROPERTY. ( 2) Federal real property.--The term ``Federal real property'' means any real property owned, leased, or otherwise managed by the Secretary concerned. (3) Real property.--The term ``real property'' means real estate consisting of-- (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). ( 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. (B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). ( ii) Selection procedures.--A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code. ( ); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. ( d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq. );

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. ( B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). (

To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property. 2) Development of cadastre.--Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including-- (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. (B) Contracts considered surveying and mapping.-- (i) In general.--A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). ( d) Applicable Law.--Any data that is part of the cadastre developed under subsection (b)(2) shall be-- (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq. );

Federal Land Asset Inventory Reform Act of 2021 - Amends the Internal Revenue Code to require the Secretary of the Interior to develop and maintain a cadastre of federal real property. CADASTRE of Federal Real Property Act - Requires the Secretary of the Interior to develop and maintain a cadastre of real property developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth and any information related to the data, including: (1) surveys; (2) maps This bill requires the Department of Defense (DOD) to consider a contract between the Secretary of Defense and a member of the private sector to provide products and services for the development of the National Cadastre to be a contract for services of surveying and mapping. DOD shall: (1) make the cadastre publicly available on the internet in a graphically geo- Directs the Secretaries of the Interior and Agriculture to jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to federal real property. (Sec. 2) Requires the Secretates to develop and thereafter maintain a current and accurate multipurpose cadastre of federal realproperty under their respective jurisdiction to support This bill requires the Department of Defense (DOD) to: (1) make the cadastre publicly available on the internet in a graphically geo-enabled and searchable format; and (2) ensure that the inventory includes the identification of all land suitable for disposal and the appraised value of the land, if an appraisal has been conducted, in accordance with the Federal Land

S.4139

Taxation

Heating Efficiency and Affordability through Tax Relief Act or the HEATR Act This bill allows a new tax credit through 2031 for energy efficient consumer and commercial heat pumps and heat pump water heaters.

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Heating Efficiency and Affordability through Tax Relief Act'' or the ``HEATR Act''. SEC. 2. ENERGY EFFICIENT PROPERTY 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 45L the following: ``SEC. 45M. ENERGY EFFICIENT HEAT PUMP CREDIT. ``(a) Establishment of Credit.-- ``(1) In general.--For purposes of section 38, the energy efficient heat pump credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under paragraph (2) for each type of qualified energy efficient heat pump produced by the taxpayer during the calendar year ending with or within the taxable year. ``(2) Credit amounts.--The credit amount determined for any type of qualified energy efficient heat pump is-- ``(A) the applicable amount determined under subsection (b) with respect to such type, multiplied by ``(B) the eligible production for such type, as determined under subsection (c). ``(b) Applicable Amount.--For purposes of subsection (a) and subject to subsections (f) and (h)(4), the applicable amount shall be determined as follows: ``(1) Heat pump water heaters.-- ``(A) Consumer heat pump water heaters.--In the case of a consumer heat pump water heater which meets the requirements of the Energy Star Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be-- ``(i) in the case of a water heater with a volume of less than 55 gallons, $600, or ``(ii) in the case of a water heater with a volume of not less than 55 gallons, $800. ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(2) Heat pumps.-- ``(A) Consumer unitary heat pumps.-- ``(i) In general.--In the case of a consumer unitary heat pump, the applicable amount shall be-- ``(I) in the case of a heat pump which satisfies the applicable requirement under clause (ii)-- ``(aa) in the case of a heat pump which is a ducted system with a heating capacity of not less than 22,000 Btus per hour and which satisfies the Energy Star Energy- Efficient Criteria for Certified Residential Cold Climate Heat Pumps or the Energy Star Energy-Efficient Criteria for Geothermal Heat Pumps which are in effect at the time that such heat pump is produced by the taxpayer, $1,000, ``(bb) in the case of an electric heat pump which is not described in item (aa) and is produced during any calendar year beginning after December 31, 2023, by a taxpayer which has not produced any consumer central air conditioner units during such calendar year, $600, or ``(cc) in the case of a heat pump which is not described in item (aa) or (bb), $400, and ``(II) subject to clause (iii), in the case of a heat pump which does not satisfy the applicable requirement under clause (ii) and is produced during any calendar year beginning after December 31, 2023, by a taxpayer which has not produced any consumer central air conditioner units during such calendar year, $600. ``(ii) Additional requirement.--The requirement described in this clause is the Energy Star Central Air Conditioner and Air Source Heat Pump Specification which is in effect at the time that the heat pump is produced by the taxpayer. ``(iii) Limitation.--For purposes of clause (i)(II), if the total number of heat pumps described in such clause which are produced by the taxpayer during any calendar year beginning after December 31, 2023, exceeds the number of heat pumps described in clause (i)(I)(bb) which are produced by the taxpayer during such calendar year, clause (i)(II) shall not apply with respect to the amount of such excess. ``(B) Commercial heat pumps.-- ``(i) In general.--In the case of a commercial heat pump which satisfies the applicable requirements under clause (ii), the applicable amount shall be the amount equal to the product of-- ``(I) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(II) 2.4 cents. ``(ii) Requirements.--The requirement described in this clause is-- ``(I) in the case of an air-source unitary heat pump which has a cooling capacity of not greater than 240,000 Btus per hour, such heat pump satisfies-- ``(aa) the requirements of the Energy Star Light Commercial HVAC program which are in effect at the time that such heat pump is produced by the taxpayer, or ``(bb) the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which is in effect at the time that such heat pump is produced by the taxpayer, or ``(II) in the case of any heat pump which is not described in subclause (I), such heat pump exceeds the minimum efficiency standards under Reference Standard 90.1 by not less than 10 percent, as determined under testing conditions specified in Reference Standard 90.1. ``(iii) Heating capacity.--For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. ``(C) Industrial heat pump.--In the case of an industrial heat pump, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(ii)(I) in the case of a heat pump with a heating capacity of not greater than 2,400,000 Btus per hour, 3.6 cents, or ``(II) in the case of a heat pump with a heating capacity greater than 2,400,000 Btus per hour and a coefficient of performance of not less than 2.0, 1.8 cents. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(d) Types of Qualified Energy Efficient Heat Pumps.--For purposes of this section, the types of qualified energy efficient heat pumps are-- ``(1) consumer heat pump water heaters described in subparagraph (A) of subsection (b)(1), ``(2) commercial heat pump water heaters described in subparagraph (B) of such subsection, ``(3) consumer unitary heat pumps described in subparagraph (A)(i) of subsection (b)(2), ``(4) commercial heat pumps described in subparagraph (B)(i) of such subsection, and ``(5) industrial heat pumps described in subparagraph (C) of such subsection. ``(e) Limitations.-- ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed an amount equal to the sum of-- ``(A) with respect to any consumer unitary heat pumps described in subsection (b)(2)(A)(i)(I)(bb), $300,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) with respect to such heat pumps for all prior taxable years beginning after December 31, 2023, plus ``(B) with respect to any qualified energy efficient heat pumps (including any consumer unitary heat pumps described in subsection (b)(2)(A)(i)(I)(bb) which are not included under subparagraph (A)), $400,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) with respect to such heat pumps for all prior taxable years beginning after December 31, 2021. ``(2) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 4 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(f) Adjustment of Energy Efficiency Criteria and Test Procedures.-- ``(1) Adjustment of energy efficiency criteria for industrial heat pumps.--Not later than December 31, 2023, and every 2 years thereafter, the Secretary, in consultation with the Secretary of Energy, shall-- ``(A) review the requirement with respect to coefficient of performance for industrial heat pumps under subsection (b)(2)(C)(ii)(II), and ``(B) as necessary, prescribe regulations or other guidance which revise any such requirement to ensure that-- ``(i) the credit allowed under subsection (a) only applies to industrial heat pumps which are the most efficient industrial heat pumps that are commercially available, and ``(ii) not less than 3 manufacturers produce such heat pumps across a range of product heating capacities. ``(2) Test methods and procedures.-- ``(A) Industrial heat pumps.--Not later than the date which is 12 months after the date of enactment of this Act, the Secretary of Energy shall prescribe regulations or other guidance which establish test methods and procedures to determine the coefficient of performance for industrial heat pumps. ``(B) ANSI and iso test methods and procedures.-- For purposes of developing the test methods and procedures described in subparagraph (A), the Secretary of Energy shall expand upon any relevant test methods and procedures established by the American National Standards Institute and the International Organization for Standardization which are in effect as of the date of enactment of the Heating Efficiency and Affordability through Tax Relief Act. ``(g) Definitions.--In this section-- ``(1) Btus.--The term `Btus' means British thermal units. ``(2) Coefficient of performance.-- ``(A) In general.--The term `coefficient of performance' means the ratio of heat output to energy input. ``(B) Default.--Until such time as the Secretary of Energy issues regulations or guidance under subsection (f)(2), in the case of any industrial heat pump, any determination with respect to coefficient of performance for purposes of this section shall be determined using any test methods or procedures employed by the taxpayer which produced such heat pump, provided that such taxpayer makes any test conditions and assumptions with respect to such methods or procedures publicly available. ``(3) Commercial heat pump.--The term `commercial heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) is not described in subparagraph (B) of paragraph (6). ``(4) Commercial heat pump water heater.--The term `commercial heat pump water heater' means a water heater which uses a heat pump to heat water and is not described in subparagraph (A) or (B) of paragraph (5). ``(5) Consumer heat pump water heater.--The term `consumer heat pump water heater' means a water heater which uses a heat pump to heat water and has a maximum current rating of 24 amperes at a voltage not greater than 250 volts. ``(6) Consumer unitary heat pump.--The term `consumer unitary heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) has a cooling capacity of not greater than 65,000 Btus per hour. ``(7) Industrial heat pump.--The term `industrial heat pump' means a heat pump which-- ``(A) upgrades industrial waste heat to a higher temperature, and ``(B) such heat is produced and supplied to an industrial facility in a manner which is more energy efficient than conventional heating methods, such as a steam or electric resistance boiler. ``(8) Qualified energy efficient heat pump.--The term `qualified energy efficient heat pump' means-- ``(A) any consumer heat pump water heater described in subparagraph (A) of subsection (b)(1), ``(B) any commercial heat pump water heater described in subparagraph (B) of such subsection, ``(C) any consumer unitary heat pump described in subparagraph (A) of subsection (b)(2), ``(D) any commercial heat pump described in subparagraph (B) of such subsection, and ``(E) any industrial heat pump described in subparagraph (C) of such subsection. ``(9) Produced.--The term `produced' includes manufactured or assembled. ``(10) Reference standard 90.1.--The term `Reference Standard 90.1' means, with respect to any heat pump, the most recent Standard 90.1 published by the American Society of Heating, Refrigerating, and Air Conditioning Engineers which is in effect at the time that such heat pump is produced by the taxpayer. ``(h) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(2) Controlled group.-- ``(A) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(3) Verification.--No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary. ``(4) 10 percent increase in applicable amount for heat pumps produced in union facilities.--In the case of any qualified energy efficient heat pump which is produced in a facility operating under a collective bargaining agreement negotiated by an employee organization (as defined in section 412(c)(4)), determined in a manner consistent with section 7701(a)(46), for purposes of determining the credit amount under subsection (a)(2) with respect to such heat pump, the applicable amount determined under subsection (b) with respect to such heat pump shall be increased by an amount equal to 10 percent of the applicable amount otherwise in effect under such subsection. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(2) Special rules.--For purposes of this subsection-- ``(A) Application to partnerships and s corporations.-- ``(i) In general.--In the case of any credit determined under subsection (a) with respect to any property produced by a partnership or S corporation, if such partnership or S corporation makes an election under paragraph (1) (in such manner as the Secretary may provide) with respect to such credit-- ``(I) the Secretary shall make a payment to such partnership or S corporation equal to the amount of such credit, ``(II) paragraph (4) shall be applied with respect to such credit before determining any partner's distributive share, or shareholder's pro rata share, of such credit, ``(III) any amount with respect to which the election in paragraph (1) is made shall be treated as tax exempt income for purposes of sections 705 and 1366, and ``(IV) a partner's distributive share of such tax exempt income shall be based on such partner's distributive share of such credit for each taxable year. ``(ii) Coordination with application at partner or shareholder level.--In the case of any partnership or S corporation, paragraph (1) shall be applied at the partner or shareholder level after application of clause (i)(II). ``(B) Elections.--Any election under paragraph (1) shall be made not later than the due date (including extensions of time) for the return of tax for the taxable year for which the election is made. Any such election, once made, shall be irrevocable. Any election under paragraph (1) shall apply with respect to any credit for the taxable year for which the election is made. ``(C) Timing.--The payment described in paragraph (1) shall be treated as made on the later of the due date (determined without regard to extensions) of the return of tax for the taxable year or the date on which such return is filed. ``(D) Treatment of payments to partnerships and s corporations.--For purposes of section 1324 of title 31, United States Code, the payments under subparagraph (A)(i)(I) shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. ``(E) Additional information.--As a condition of, and prior to, a payment under this subsection, the Secretary may require such information or registration as the Secretary deems necessary or appropriate for purposes of preventing duplication, fraud, improper payments, or excessive payments under this subsection. ``(F) Excessive payment.-- ``(i) In general.--In the case of a payment made to a taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- ``(I) the amount of such excessive payment, plus ``(II) an amount equal to 20 percent of such excessive payment. ``(ii) Reasonable cause.--Clause (i)(II) shall not apply if the taxpayer demonstrates to the satisfaction of the Secretary that the excessive payment resulted from reasonable cause. ``(iii) Excessive payment defined.--For purposes of this subparagraph, the term `excessive payment' means, with respect to an election is made under this subsection for any taxable year, an amount equal to the excess of-- ``(I) the amount of the payment made to the taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) for such taxable year, over ``(II) the amount of the credit which, without application of this paragraph, would be otherwise allowable (determined without regard to section 38(c)) under subsection (a) for such taxable year. ``(3) Denial of double benefit.--In the case of a taxpayer making an election under this subsection with respect to the credit allowed under subsection (a), such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to the taxpayer for such taxable year. ``(4) Mirror code possessions.--In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. ``(5) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including-- ``(A) regulations or other guidance providing rules for determining a partner's distributive share of the tax exempt income described in paragraph (2)(A)(i)(III), and ``(B) guidance to ensure that the amount of the payment or deemed payment made under this subsection is commensurate with the amount of the credit that would be otherwise allowable (determined without regard to section 38(c)). ``(j) Termination.--This section shall not apply with respect to any property produced after December 31, 2031.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating paragraphs (26) through (33) as paragraphs (27) through (34), respectively, and (B) by inserting after paragraph (25) the following: ``(26) the energy efficient heat pump credit determined under section 45M,''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45L the following item: ``Sec. 45M. Energy efficient heat pump credit.''. (c) Effective Date.--The amendments made by this section shall apply to property produced after the date of enactment of this Act. <all>

HEATR Act

A bill to amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters.

HEATR Act Heating Efficiency and Affordability through Tax Relief Act

Sen. Klobuchar, Amy

D

MN

This bill allows a new tax credit through 2031 for energy efficient consumer and commercial heat pumps and heat pump water heaters.

SEC. 2. ENERGY EFFICIENT HEAT PUMP CREDIT. ``(ii) Requirements.--The requirement described in this clause is-- ``(I) in the case of an air-source unitary heat pump which has a cooling capacity of not greater than 240,000 Btus per hour, such heat pump satisfies-- ``(aa) the requirements of the Energy Star Light Commercial HVAC program which are in effect at the time that such heat pump is produced by the taxpayer, or ``(bb) the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which is in effect at the time that such heat pump is produced by the taxpayer, or ``(II) in the case of any heat pump which is not described in subclause (I), such heat pump exceeds the minimum efficiency standards under Reference Standard 90.1 by not less than 10 percent, as determined under testing conditions specified in Reference Standard 90.1. ``(iii) Heating capacity.--For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. ``(2) Test methods and procedures.-- ``(A) Industrial heat pumps.--Not later than the date which is 12 months after the date of enactment of this Act, the Secretary of Energy shall prescribe regulations or other guidance which establish test methods and procedures to determine the coefficient of performance for industrial heat pumps. ``(8) Qualified energy efficient heat pump.--The term `qualified energy efficient heat pump' means-- ``(A) any consumer heat pump water heater described in subparagraph (A) of subsection (b)(1), ``(B) any commercial heat pump water heater described in subparagraph (B) of such subsection, ``(C) any consumer unitary heat pump described in subparagraph (A) of subsection (b)(2), ``(D) any commercial heat pump described in subparagraph (B) of such subsection, and ``(E) any industrial heat pump described in subparagraph (C) of such subsection. ``(9) Produced.--The term `produced' includes manufactured or assembled. ``(h) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. Any election under paragraph (1) shall apply with respect to any credit for the taxable year for which the election is made. ``(F) Excessive payment.-- ``(i) In general.--In the case of a payment made to a taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- ``(I) the amount of such excessive payment, plus ``(II) an amount equal to 20 percent of such excessive payment. 45M.

2. ENERGY EFFICIENT HEAT PUMP CREDIT. ``(iii) Heating capacity.--For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. ``(2) Test methods and procedures.-- ``(A) Industrial heat pumps.--Not later than the date which is 12 months after the date of enactment of this Act, the Secretary of Energy shall prescribe regulations or other guidance which establish test methods and procedures to determine the coefficient of performance for industrial heat pumps. ``(8) Qualified energy efficient heat pump.--The term `qualified energy efficient heat pump' means-- ``(A) any consumer heat pump water heater described in subparagraph (A) of subsection (b)(1), ``(B) any commercial heat pump water heater described in subparagraph (B) of such subsection, ``(C) any consumer unitary heat pump described in subparagraph (A) of subsection (b)(2), ``(D) any commercial heat pump described in subparagraph (B) of such subsection, and ``(E) any industrial heat pump described in subparagraph (C) of such subsection. ``(9) Produced.--The term `produced' includes manufactured or assembled. ``(h) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. Any election under paragraph (1) shall apply with respect to any credit for the taxable year for which the election is made. ``(F) Excessive payment.-- ``(i) In general.--In the case of a payment made to a taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- ``(I) the amount of such excessive payment, plus ``(II) an amount equal to 20 percent of such excessive payment.

SHORT TITLE. SEC. 2. (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 45L the following: ``SEC. ENERGY EFFICIENT HEAT PUMP CREDIT. ``(ii) Requirements.--The requirement described in this clause is-- ``(I) in the case of an air-source unitary heat pump which has a cooling capacity of not greater than 240,000 Btus per hour, such heat pump satisfies-- ``(aa) the requirements of the Energy Star Light Commercial HVAC program which are in effect at the time that such heat pump is produced by the taxpayer, or ``(bb) the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which is in effect at the time that such heat pump is produced by the taxpayer, or ``(II) in the case of any heat pump which is not described in subclause (I), such heat pump exceeds the minimum efficiency standards under Reference Standard 90.1 by not less than 10 percent, as determined under testing conditions specified in Reference Standard 90.1. ``(iii) Heating capacity.--For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(2) Test methods and procedures.-- ``(A) Industrial heat pumps.--Not later than the date which is 12 months after the date of enactment of this Act, the Secretary of Energy shall prescribe regulations or other guidance which establish test methods and procedures to determine the coefficient of performance for industrial heat pumps. ``(8) Qualified energy efficient heat pump.--The term `qualified energy efficient heat pump' means-- ``(A) any consumer heat pump water heater described in subparagraph (A) of subsection (b)(1), ``(B) any commercial heat pump water heater described in subparagraph (B) of such subsection, ``(C) any consumer unitary heat pump described in subparagraph (A) of subsection (b)(2), ``(D) any commercial heat pump described in subparagraph (B) of such subsection, and ``(E) any industrial heat pump described in subparagraph (C) of such subsection. ``(9) Produced.--The term `produced' includes manufactured or assembled. ``(h) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(ii) Coordination with application at partner or shareholder level.--In the case of any partnership or S corporation, paragraph (1) shall be applied at the partner or shareholder level after application of clause (i)(II). Any election under paragraph (1) shall apply with respect to any credit for the taxable year for which the election is made. ``(F) Excessive payment.-- ``(i) In general.--In the case of a payment made to a taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- ``(I) the amount of such excessive payment, plus ``(II) an amount equal to 20 percent of such excessive payment. ``(4) Mirror code possessions.--In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. ``(j) Termination.--This section shall not apply with respect to any property produced after December 31, 2031.''. 45M.

SHORT TITLE. SEC. 2. (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 45L the following: ``SEC. ENERGY EFFICIENT HEAT PUMP CREDIT. ``(B) Commercial heat pumps.-- ``(i) In general.--In the case of a commercial heat pump which satisfies the applicable requirements under clause (ii), the applicable amount shall be the amount equal to the product of-- ``(I) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(II) 2.4 cents. ``(ii) Requirements.--The requirement described in this clause is-- ``(I) in the case of an air-source unitary heat pump which has a cooling capacity of not greater than 240,000 Btus per hour, such heat pump satisfies-- ``(aa) the requirements of the Energy Star Light Commercial HVAC program which are in effect at the time that such heat pump is produced by the taxpayer, or ``(bb) the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which is in effect at the time that such heat pump is produced by the taxpayer, or ``(II) in the case of any heat pump which is not described in subclause (I), such heat pump exceeds the minimum efficiency standards under Reference Standard 90.1 by not less than 10 percent, as determined under testing conditions specified in Reference Standard 90.1. ``(iii) Heating capacity.--For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(2) Test methods and procedures.-- ``(A) Industrial heat pumps.--Not later than the date which is 12 months after the date of enactment of this Act, the Secretary of Energy shall prescribe regulations or other guidance which establish test methods and procedures to determine the coefficient of performance for industrial heat pumps. ``(8) Qualified energy efficient heat pump.--The term `qualified energy efficient heat pump' means-- ``(A) any consumer heat pump water heater described in subparagraph (A) of subsection (b)(1), ``(B) any commercial heat pump water heater described in subparagraph (B) of such subsection, ``(C) any consumer unitary heat pump described in subparagraph (A) of subsection (b)(2), ``(D) any commercial heat pump described in subparagraph (B) of such subsection, and ``(E) any industrial heat pump described in subparagraph (C) of such subsection. ``(9) Produced.--The term `produced' includes manufactured or assembled. ``(h) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(ii) Coordination with application at partner or shareholder level.--In the case of any partnership or S corporation, paragraph (1) shall be applied at the partner or shareholder level after application of clause (i)(II). Any election under paragraph (1) shall apply with respect to any credit for the taxable year for which the election is made. ``(C) Timing.--The payment described in paragraph (1) shall be treated as made on the later of the due date (determined without regard to extensions) of the return of tax for the taxable year or the date on which such return is filed. ``(E) Additional information.--As a condition of, and prior to, a payment under this subsection, the Secretary may require such information or registration as the Secretary deems necessary or appropriate for purposes of preventing duplication, fraud, improper payments, or excessive payments under this subsection. ``(F) Excessive payment.-- ``(i) In general.--In the case of a payment made to a taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- ``(I) the amount of such excessive payment, plus ``(II) an amount equal to 20 percent of such excessive payment. ``(3) Denial of double benefit.--In the case of a taxpayer making an election under this subsection with respect to the credit allowed under subsection (a), such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to the taxpayer for such taxable year. ``(4) Mirror code possessions.--In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. ``(j) Termination.--This section shall not apply with respect to any property produced after December 31, 2031.''. 45M.

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(2) Credit amounts.--The credit amount determined for any type of qualified energy efficient heat pump is-- ``(A) the applicable amount determined under subsection (b) with respect to such type, multiplied by ``(B) the eligible production for such type, as determined under subsection (c). ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(ii) Additional requirement.--The requirement described in this clause is the Energy Star Central Air Conditioner and Air Source Heat Pump Specification which is in effect at the time that the heat pump is produced by the taxpayer. ``(iii) Limitation.--For purposes of clause (i)(II), if the total number of heat pumps described in such clause which are produced by the taxpayer during any calendar year beginning after December 31, 2023, exceeds the number of heat pumps described in clause (i)(I)(bb) which are produced by the taxpayer during such calendar year, clause (i)(II) shall not apply with respect to the amount of such excess. ``(iii) Heating capacity.--For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. ``(C) Industrial heat pump.--In the case of an industrial heat pump, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(ii)(I) in the case of a heat pump with a heating capacity of not greater than 2,400,000 Btus per hour, 3.6 cents, or ``(II) in the case of a heat pump with a heating capacity greater than 2,400,000 Btus per hour and a coefficient of performance of not less than 2.0, 1.8 cents. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(d) Types of Qualified Energy Efficient Heat Pumps.--For purposes of this section, the types of qualified energy efficient heat pumps are-- ``(1) consumer heat pump water heaters described in subparagraph (A) of subsection (b)(1), ``(2) commercial heat pump water heaters described in subparagraph (B) of such subsection, ``(3) consumer unitary heat pumps described in subparagraph (A)(i) of subsection (b)(2), ``(4) commercial heat pumps described in subparagraph (B)(i) of such subsection, and ``(5) industrial heat pumps described in subparagraph (C) of such subsection. ``(2) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 4 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(B) ANSI and iso test methods and procedures.-- For purposes of developing the test methods and procedures described in subparagraph (A), the Secretary of Energy shall expand upon any relevant test methods and procedures established by the American National Standards Institute and the International Organization for Standardization which are in effect as of the date of enactment of the Heating Efficiency and Affordability through Tax Relief Act. ``(3) Commercial heat pump.--The term `commercial heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) is not described in subparagraph (B) of paragraph (6). ``(5) Consumer heat pump water heater.--The term `consumer heat pump water heater' means a water heater which uses a heat pump to heat water and has a maximum current rating of 24 amperes at a voltage not greater than 250 volts. ``(6) Consumer unitary heat pump.--The term `consumer unitary heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) has a cooling capacity of not greater than 65,000 Btus per hour. ``(10) Reference standard 90.1.--The term `Reference Standard 90.1' means, with respect to any heat pump, the most recent Standard 90.1 published by the American Society of Heating, Refrigerating, and Air Conditioning Engineers which is in effect at the time that such heat pump is produced by the taxpayer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(ii) Coordination with application at partner or shareholder level.--In the case of any partnership or S corporation, paragraph (1) shall be applied at the partner or shareholder level after application of clause (i)(II). ``(B) Elections.--Any election under paragraph (1) shall be made not later than the due date (including extensions of time) for the return of tax for the taxable year for which the election is made. Any election under paragraph (1) shall apply with respect to any credit for the taxable year for which the election is made. ``(E) Additional information.--As a condition of, and prior to, a payment under this subsection, the Secretary may require such information or registration as the Secretary deems necessary or appropriate for purposes of preventing duplication, fraud, improper payments, or excessive payments under this subsection. ``(F) Excessive payment.-- ``(i) In general.--In the case of a payment made to a taxpayer under this paragraph or any amount treated as a payment which is made by the taxpayer under paragraph (1) which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- ``(I) the amount of such excessive payment, plus ``(II) an amount equal to 20 percent of such excessive payment. ``(ii) Reasonable cause.--Clause (i)(II) shall not apply if the taxpayer demonstrates to the satisfaction of the Secretary that the excessive payment resulted from reasonable cause. ``(3) Denial of double benefit.--In the case of a taxpayer making an election under this subsection with respect to the credit allowed under subsection (a), such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to the taxpayer for such taxable year. ``(4) Mirror code possessions.--In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating paragraphs (26) through (33) as paragraphs (27) through (34), respectively, and (B) by inserting after paragraph (25) the following: ``(26) the energy efficient heat pump credit determined under section 45M,''. ( 2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45L the following item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(2) Credit amounts.--The credit amount determined for any type of qualified energy efficient heat pump is-- ``(A) the applicable amount determined under subsection (b) with respect to such type, multiplied by ``(B) the eligible production for such type, as determined under subsection (c). ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(ii) Additional requirement.--The requirement described in this clause is the Energy Star Central Air Conditioner and Air Source Heat Pump Specification which is in effect at the time that the heat pump is produced by the taxpayer. ``(iii) Limitation.--For purposes of clause (i)(II), if the total number of heat pumps described in such clause which are produced by the taxpayer during any calendar year beginning after December 31, 2023, exceeds the number of heat pumps described in clause (i)(I)(bb) which are produced by the taxpayer during such calendar year, clause (i)(II) shall not apply with respect to the amount of such excess. ``(B) Commercial heat pumps.-- ``(i) In general.--In the case of a commercial heat pump which satisfies the applicable requirements under clause (ii), the applicable amount shall be the amount equal to the product of-- ``(I) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(II) 2.4 cents. ``(C) Industrial heat pump.--In the case of an industrial heat pump, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(ii)(I) in the case of a heat pump with a heating capacity of not greater than 2,400,000 Btus per hour, 3.6 cents, or ``(II) in the case of a heat pump with a heating capacity greater than 2,400,000 Btus per hour and a coefficient of performance of not less than 2.0, 1.8 cents. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(2) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 4 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(2) Test methods and procedures.-- ``(A) Industrial heat pumps.--Not later than the date which is 12 months after the date of enactment of this Act, the Secretary of Energy shall prescribe regulations or other guidance which establish test methods and procedures to determine the coefficient of performance for industrial heat pumps. ``(3) Commercial heat pump.--The term `commercial heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) is not described in subparagraph (B) of paragraph (6). ``(6) Consumer unitary heat pump.--The term `consumer unitary heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) has a cooling capacity of not greater than 65,000 Btus per hour. ``(10) Reference standard 90.1.--The term `Reference Standard 90.1' means, with respect to any heat pump, the most recent Standard 90.1 published by the American Society of Heating, Refrigerating, and Air Conditioning Engineers which is in effect at the time that such heat pump is produced by the taxpayer. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(ii) Coordination with application at partner or shareholder level.--In the case of any partnership or S corporation, paragraph (1) shall be applied at the partner or shareholder level after application of clause (i)(II). ``(B) Elections.--Any election under paragraph (1) shall be made not later than the due date (including extensions of time) for the return of tax for the taxable year for which the election is made. ``(3) Denial of double benefit.--In the case of a taxpayer making an election under this subsection with respect to the credit allowed under subsection (a), such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to the taxpayer for such taxable year. ``(5) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including-- ``(A) regulations or other guidance providing rules for determining a partner's distributive share of the tax exempt income described in paragraph (2)(A)(i)(III), and ``(B) guidance to ensure that the amount of the payment or deemed payment made under this subsection is commensurate with the amount of the credit that would be otherwise allowable (determined without regard to section 38(c)). (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45L the following item: ``Sec. 45M. Energy efficient heat pump credit.''. (

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(C) Industrial heat pump.--In the case of an industrial heat pump, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(ii)(I) in the case of a heat pump with a heating capacity of not greater than 2,400,000 Btus per hour, 3.6 cents, or ``(II) in the case of a heat pump with a heating capacity greater than 2,400,000 Btus per hour and a coefficient of performance of not less than 2.0, 1.8 cents. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(6) Consumer unitary heat pump.--The term `consumer unitary heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) has a cooling capacity of not greater than 65,000 Btus per hour. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(5) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including-- ``(A) regulations or other guidance providing rules for determining a partner's distributive share of the tax exempt income described in paragraph (2)(A)(i)(III), and ``(B) guidance to ensure that the amount of the payment or deemed payment made under this subsection is commensurate with the amount of the credit that would be otherwise allowable (determined without regard to section 38(c)). ( 2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45L the following item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(iii) Limitation.--For purposes of clause (i)(II), if the total number of heat pumps described in such clause which are produced by the taxpayer during any calendar year beginning after December 31, 2023, exceeds the number of heat pumps described in clause (i)(I)(bb) which are produced by the taxpayer during such calendar year, clause (i)(II) shall not apply with respect to the amount of such excess. ``(iii) Heating capacity.--For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(B) ANSI and iso test methods and procedures.-- For purposes of developing the test methods and procedures described in subparagraph (A), the Secretary of Energy shall expand upon any relevant test methods and procedures established by the American National Standards Institute and the International Organization for Standardization which are in effect as of the date of enactment of the Heating Efficiency and Affordability through Tax Relief Act. ``(3) Commercial heat pump.--The term `commercial heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) is not described in subparagraph (B) of paragraph (6). ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(E) Additional information.--As a condition of, and prior to, a payment under this subsection, the Secretary may require such information or registration as the Secretary deems necessary or appropriate for purposes of preventing duplication, fraud, improper payments, or excessive payments under this subsection. ``(3) Denial of double benefit.--In the case of a taxpayer making an election under this subsection with respect to the credit allowed under subsection (a), such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to the taxpayer for such taxable year. ``(4) Mirror code possessions.--In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. ( b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating paragraphs (26) through (33) as paragraphs (27) through (34), respectively, and (B) by inserting after paragraph (25) the following: ``(26) the energy efficient heat pump credit determined under section 45M,''. (

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(C) Industrial heat pump.--In the case of an industrial heat pump, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(ii)(I) in the case of a heat pump with a heating capacity of not greater than 2,400,000 Btus per hour, 3.6 cents, or ``(II) in the case of a heat pump with a heating capacity greater than 2,400,000 Btus per hour and a coefficient of performance of not less than 2.0, 1.8 cents. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(6) Consumer unitary heat pump.--The term `consumer unitary heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) has a cooling capacity of not greater than 65,000 Btus per hour. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(5) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this subsection, including-- ``(A) regulations or other guidance providing rules for determining a partner's distributive share of the tax exempt income described in paragraph (2)(A)(i)(III), and ``(B) guidance to ensure that the amount of the payment or deemed payment made under this subsection is commensurate with the amount of the credit that would be otherwise allowable (determined without regard to section 38(c)). ( 2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45L the following item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(iii) Limitation.--For purposes of clause (i)(II), if the total number of heat pumps described in such clause which are produced by the taxpayer during any calendar year beginning after December 31, 2023, exceeds the number of heat pumps described in clause (i)(I)(bb) which are produced by the taxpayer during such calendar year, clause (i)(II) shall not apply with respect to the amount of such excess. ``(iii) Heating capacity.--For purposes of clause (i)(I), in the case of an air-source heat pump, the heating capacity of such heat pump shall be determined using an ambient temperature of 17 degrees Fahrenheit. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(B) ANSI and iso test methods and procedures.-- For purposes of developing the test methods and procedures described in subparagraph (A), the Secretary of Energy shall expand upon any relevant test methods and procedures established by the American National Standards Institute and the International Organization for Standardization which are in effect as of the date of enactment of the Heating Efficiency and Affordability through Tax Relief Act. ``(3) Commercial heat pump.--The term `commercial heat pump' means a heat pump which-- ``(A) is designed to provide space heating and cooling, and ``(B) is not described in subparagraph (B) of paragraph (6). ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(E) Additional information.--As a condition of, and prior to, a payment under this subsection, the Secretary may require such information or registration as the Secretary deems necessary or appropriate for purposes of preventing duplication, fraud, improper payments, or excessive payments under this subsection. ``(3) Denial of double benefit.--In the case of a taxpayer making an election under this subsection with respect to the credit allowed under subsection (a), such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to the taxpayer for such taxable year. ``(4) Mirror code possessions.--In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. ( b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating paragraphs (26) through (33) as paragraphs (27) through (34), respectively, and (B) by inserting after paragraph (25) the following: ``(26) the energy efficient heat pump credit determined under section 45M,''. (

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(C) Industrial heat pump.--In the case of an industrial heat pump, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(ii)(I) in the case of a heat pump with a heating capacity of not greater than 2,400,000 Btus per hour, 3.6 cents, or ``(II) in the case of a heat pump with a heating capacity greater than 2,400,000 Btus per hour and a coefficient of performance of not less than 2.0, 1.8 cents. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. 2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45L the following item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(c) Eligible Production.--Subject to subsection (h)(4), the eligible production in a calendar year with respect to each type of qualified energy efficient heat pump is the excess of-- ``(1) the number of heat pumps of such type which are produced by the taxpayer in the United States during such calendar year, over ``(2) the average number of heat pumps of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(3) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(4) Mirror code possessions.--In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. ( b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating paragraphs (26) through (33) as paragraphs (27) through (34), respectively, and (B) by inserting after paragraph (25) the following: ``(26) the energy efficient heat pump credit determined under section 45M,''. (

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(C) Industrial heat pump.--In the case of an industrial heat pump, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such heat pump, expressed in Btus per hour, multiplied by ``(ii)(I) in the case of a heat pump with a heating capacity of not greater than 2,400,000 Btus per hour, 3.6 cents, or ``(II) in the case of a heat pump with a heating capacity greater than 2,400,000 Btus per hour and a coefficient of performance of not less than 2.0, 1.8 cents. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. 2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45L the following item: ``Sec.

To amend the Internal Revenue Code of 1986 to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. ``(B) Commercial heat pump water heaters.--In the case of a commercial heat pump water heater which meets the requirements of the Energy Star Commercial Water Heater program which are in effect at the time that such water heater is produced by the taxpayer, the applicable amount shall be the amount equal to the product of-- ``(i) the heating capacity of such water heater, expressed in Btus per hour, multiplied by ``(ii) 2.4 cents. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any credit determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. ``(4) Mirror code possessions.--In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this subsection shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this subsection be so treated. (

Heating Efficiency and Affordability through Tax Relief Act or the HEATR Act - Amends the Internal Revenue Code to establish a tax credit for manufacturers of high-efficiency heat pumps and heat pump water heaters. (Currently, the credit is limited to manufacturers of consumer unitary heat pumps. This bill amends the Energy Star Water Heater program to allow manufacturers of This bill allows a tax credit for the production of qualified energy efficient heat pumps. The credit is limited to the excess of the number of heat pumps of such type which are produced by the taxpayer in the United States during the calendar year over the average number of such heat pumps produced during the preceding three-year period. In the case of an industrial heat pump, the credit is the product Directs the Secretary of Energy to make a direct payment to a partnership or S corporation for the cost of producing a qualified energy efficient heat pump. (Currently, the credit is available only to manufacturers of consumer unitary heat pumps.) (Sec. 3) Exempts from the tax on energy efficient property produced by a partnership and S corporation if the partnership or corporation makes an election to Amends the Internal Revenue Code to: (1) increase the excise tax on excessive payments; (2) deny the double tax credit for energy efficient heat pumps; and (3) allow a refundable tax deduction for the cost of energy efficient heating and cooling equipment.

S.3774

Environmental Protection

Women and Climate Change Act of 2022 This bill addresses climate change and its effects on women and girls. Specifically, the bill establishes the Federal Interagency Working Group on Women and Climate Change within the Department of State. The bill outlines the functions of the working group, including the coordination of agencies' policies and activities relating to combating the effects of climate change on women and improving the government's response to and strategy for climate change. In addition, the Office of Global Women's Issues of the State Department must submit a strategy to prevent and respond to the effects of climate change on women.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Women and Climate Change Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Statement of policy. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. 101. Federal Interagency Working Group on Women and Climate Change. Sec. 102. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. TITLE II--OVERSIGHT AND ACCOUNTABILITY Sec. 201. Senior Coordinator for Women and Climate Change. Sec. 202. Briefing and report. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. (3) The United Nations Development Programme 2013 Human Development Report has found that the number of people living in extreme poverty could increase by up to 3,000,000,000 by 2050 unless environmental disasters are averted by coordinated global action. (4) Climate change is already forcing the most vulnerable communities and populations in developing countries to face unprecedented climate stress, including water scarcity and drought, as well as severe weather events and floods, which can lead to reduced agricultural productivity, food insecurity, and increased disease. (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. (6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. (8) The direct and indirect effects of climate change have a disproportionate impact on marginalized women, such as environmental refugees and displaced persons, migrants, religious, racial, or ethnic minorities, adolescent girls, lesbian and trans women, women living in poverty, and women and girls with disabilities and those who are living with HIV. (9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. (10) Displaced, refugee, and stateless women and girls face extreme violence and threats, including-- (A) being forced to exchange sex for food and humanitarian supplies; (B) being at increased risk of rape, sexual exploitation, and abuse; and (C) being at increased risk for HIV, sexually transmitted infections (STIs), unplanned pregnancy, and poor reproductive health. (11) It is predicted that climate change will lead to increasing frequency and intensity of extreme weather conditions, precipitating the occurrence of natural disasters around the globe. (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. (14) Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation. (15) Women are shown to have a multiplier effect because women use their income and resources, when given the necessary tools, to increase the well-being of their children and families, and thus play a critical role in reducing food insecurity, poverty, and socioeconomic effects of climate change. (16) Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies. SEC. 3. 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 of the House of Representatives. (2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. (3) Developing country.--The term ``developing country'' means a country classified by the World Bank as having a low- income or lower-middle-income economy. (4) Disparate impact.--The term ``disparate impact'' refers to the historical and ongoing impacts of the pattern and practice of discrimination in employment, education, housing, banking, health, and nearly every other aspect of life in the economy, society, or culture that have an adverse impact on minorities, women, or other protected groups, regardless of whether such practices were motivated by discriminatory intent. (5) Environmental disasters.--The term ``environmental disasters'' means specific events caused by human activity that result in seriously negative effects on the environment. (6) Environmental refugees.--The term ``environmental refugees'' means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin. (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. (11) Most vulnerable communities and populations.--The term ``most vulnerable communities and populations'' means communities and populations, including women, including lesbian and trans women and women living in poverty, impoverished communities, adolescent girls, people with disabilities, including women and girls with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, and individuals who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts. (12) Poverty.--The term ``poverty'' means an income level and living standard insufficient to meet basic needs. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States, in partnership with affected countries, donor country governments, international financial institutions, international nongovernmental organizations, multilateral organizations, and civil society groups, especially those led by women, to combat the leading causes of climate change, mitigate the effects of climate change on women and girls, and elevate the participation of women in policy, program, and community decision-making processes with respect to climate change, by-- (1) establishing the Federal Interagency Working Group on Women and Climate Change, the mission of which is to prevent and respond to the effects of climate change on women globally; and (2) implementing a coordinated, integrated, evidence-based, and comprehensive strategy on women and climate change throughout United States policies in the future. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS SEC. 101. FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. (a) Establishment.--There is established in the Department of State a Federal Interagency Working Group on Women and Climate Change (in this Act referred to as the ``Working Group''). (b) Chairperson.--The Senior Coordinator for Women and Climate Change designated pursuant to section 201 shall serve as the chairperson of the Working Group. (c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. (2) Agencies.--The agencies described in this paragraph are the following: (A) The Department of State, including-- (i) the Office of Global Women's Issues; (ii) the Office of Civil Rights; (iii) the Bureau of Oceans and International Environmental and Scientific Affairs; (iv) the Bureau of Population, Refugees, and Migration; (v) the Bureau of Democracy, Human Rights, and Labor; and (vi) the Bureau of International Organization Affairs. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (D) The Environmental Protection Agency. (E) The National Oceanic and Atmospheric Administration. (F) The National Institutes of Health. (G) The National Science Foundation. (H) The Council on Environmental Quality. (I) Such other agencies as may be designated by the Senior Coordinator for Women and Climate Change. (d) Functions.--The Working Group shall-- (1) coordinate and integrate the development of all policies and activities of the Federal Government across all agencies relating to-- (A) combating the effects of climate change on women in the national and international sphere; and (B) improving the response and strategy of the Federal Government to fight climate change for the security of the United States and the international community; (2) allow each member of the Working Group to act as a representative for the Working Group within the Federal agency of such member to facilitate implementation of the Working Group policies within such Federal agency; (3) ensure that all relevant Federal agencies comply with appropriate guidelines, policies, and directives from the Working Group, the Department of State, and other Federal agencies with responsibilities relating to climate change; (4) ensure that Federal agencies, State governments, and relevant congressional committees, in consultation with nongovernmental organizations and policy experts in the field and State and local government officials who administer or direct policy for programs relating to climate change and women-- (A) have access to, receive, and appropriately disseminate best practices in the administration of such programs; (B) have adequate resources to maximize the public awareness of such programs; (C) increase the reach of such programs; (D) share relevant data; and (E) issue relevant guidance; and (5) identify and disseminate best practices for improved collection on the part of each Federal agency of data relevant to the disparate impact of climate change on women, including in-- (A) unpaid care work; (B) community advocacy, activism, and representation; (C) women's and girls' access to education; (D) access to comprehensive health care, including reproductive health and rights; (E) desertification and food insecurity; (F) community infrastructure, multilevel Government adaptability, and climate resilience; (G) climate and weather-related crisis response, including safety from gender-based violence; and (H) women's involvement and leadership in the development of frameworks and policies for climate resilience. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of Meetings.--The Working Group shall-- (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. SEC. 102. DEVELOPMENT AND IMPLEMENTATION OF STRATEGY AND POLICIES TO PREVENT AND RESPOND TO THE EFFECTS OF CLIMATE CHANGE ON WOMEN GLOBALLY. (a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change designated pursuant to section 201 and the Ambassador- at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (b) Contents.--The strategy submitted under subsection (a) shall include-- (1) recognizing the disparate impacts of climate change on women and the efforts of women globally to address climate change; (2) taking effective action-- (A) to prevent and respond to climate change and mitigate the effects of climate change on women around the world; and (B) to promote gender equality, economic growth, public health, racial justice, and human rights; (3) implementing the United Nations Sustainable Development Goals listed in subsection (e), through and beyond 2030, as part of the strategy to prevent and respond to the effects of climate change on women globally; (4) implementing balanced gender participation to avoid reinforcing binary roles, especially among individuals from the communities most impacted, in climate change adaptation and mitigation efforts, including in governance and diplomatic positions within the United States Government; (5) working at the local, national, and international levels, including with individuals, families, and communities, to prevent and respond to the effects of climate change on women; (6) systematically integrating and coordinating efforts to prevent and respond to the effects of climate change on women internationally into United States foreign policy and foreign assistance programs; (7) investing in research on climate change through appropriate Federal agencies and funding of university and independent research groups on the various causes and effects of climate change; (8) developing and implementing gender-sensitive frameworks in policies to address climate change that account for the specific impacts of climate change on women; (9) developing policies to support women who are particularly vulnerable to the impacts of climate change to prepare for, build their resilience to, and adapt to such impacts, including a commitment to increase education and training opportunities for women to develop local resilience plans to address the effects of climate change; (10) developing and investing in programs for the education and empowerment of women and girls in the United States and across the global community, including to gather information on how climate change is affecting their lives and for guidance on the needs of their families and communities in the face of climate change, in coordination with the diplomatic missions of other countries; (11) consulting with representatives of civil society, including nongovernmental organizations, community and faith- based organizations, multilateral organizations, local and international civil society groups, and local climate change organizations and their beneficiaries, that have demonstrated experience in preventing and responding to the effects of climate change on women; (12) supporting and building local capacity in developing countries, including with respect to governments at all levels and nongovernmental organizations (especially women-led), to prevent and respond to the effects of climate change on women; (13) developing programs to empower women in communities to have a voice in the planning, design, implementation, and evaluation of strategies to address climate change so that their roles and resources are taken into account; (14) including women in economic development planning, policies, and practices that directly improve conditions that result from climate change; (15) integrating a gender approach in all policies and programs in the United States that are globally related to climate change; and (16) ensuring that such policies and programs support women globally to prepare for, build resilience for, and adapt to, climate change. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. (d) Implementation Plan and Budget Required.--Not later than 60 days after the date of the submittal of the strategy under subsection (a), the Senior Coordinator for Women and Climate Change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy. (e) United Nations Sustainable Development Goals Through and Beyond 2030.--The United Nations Sustainable Development Goals listed in this subsection are the following: (1) Ending poverty in all its forms everywhere. (2) Ending hunger, achieving food security and improved nutrition, and promoting sustainable agriculture. (3) Ensuring healthy lives and promoting well-being for all and at all ages. (4) Ensuring inclusive, equitable, and quality education and promoting lifelong learning opportunities for all. (5) Achieving gender equality and empowering all women and girls. (6) Ensuring the availability and sustainable management of water and sanitation for all. (7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. (9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. (10) Reducing inequality within and among countries. (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. (12) Ensuring sustainable consumption and production patterns. (13) Taking urgent action to combat climate change and its impacts. (14) Conserving and sustainably using the oceans, seas, and marine resources for sustainable development. (15) Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. (17) Strengthening the means of policy implementation and revitalizing the global partnership for sustainable development. TITLE II--OVERSIGHT AND ACCOUNTABILITY SEC. 201. SENIOR COORDINATOR FOR WOMEN AND CLIMATE CHANGE. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. (b) Duties.--The Senior Coordinator for Women and Climate Change shall-- (1) assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally; (2) direct the activities, policies, programs, and funding of the Department of State relating to the effects of climate change on women, including with respect to efforts to prevent and respond to those effects; (3) advise the Secretary of State, the relevant heads of other Federal departments and independent agencies, and other entities within the Executive Office of the President, regarding the establishment of-- (A) policies, goals, objectives, and priorities for addressing and combating the effects of climate change on women; and (B) mechanisms to improve the effectiveness, coordination, impact, and outcomes of programs relating to addressing and combating the effects of climate change on women, in coordination with experts in the field, nongovernmental organizations, and foreign governments; and (4) identify and assist in the resolution of any disputes that arise between Federal agencies relating to policies and programs to address and combat the effects of climate change on women or other matters within the responsibility of the Office of Global Women's Issues. (c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State. SEC. 202. BRIEFING AND REPORT. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large of the Office of Global Women's Issues of the Department of State and the Senior Coordinator for Women and Climate Change designated pursuant to section 201 shall jointly-- (1) brief the appropriate congressional committees on-- (A) the effects of climate change on women; and (B) the prevention and response strategies, programming, and associated outcomes with respect to climate change; and (2) submit to the appropriate congressional committees an assessment of the human and financial resources necessary to fulfill the purposes of and carry out this Act. <all>

Women and Climate Change Act of 2022

A bill to address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes.

Women and Climate Change Act of 2022

Sen. Hirono, Mazie K.

D

HI

This bill addresses climate change and its effects on women and girls. Specifically, the bill establishes the Federal Interagency Working Group on Women and Climate Change within the Department of State. The bill outlines the functions of the working group, including the coordination of agencies' policies and activities relating to combating the effects of climate change on women and improving the government's response to and strategy for climate change. In addition, the Office of Global Women's Issues of the State Department must submit a strategy to prevent and respond to the effects of climate change on women.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Federal Interagency Working Group on Women and Climate Change. Senior Coordinator for Women and Climate Change. 2. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. 3. 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 of the House of Representatives. (3) Developing country.--The term ``developing country'' means a country classified by the World Bank as having a low- income or lower-middle-income economy. (5) Environmental disasters.--The term ``environmental disasters'' means specific events caused by human activity that result in seriously negative effects on the environment. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. (11) Most vulnerable communities and populations.--The term ``most vulnerable communities and populations'' means communities and populations, including women, including lesbian and trans women and women living in poverty, impoverished communities, adolescent girls, people with disabilities, including women and girls with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, and individuals who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts. 4. 101. (B) The United States Agency for International Development. (F) The National Institutes of Health. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. 102. (12) Ensuring sustainable consumption and production patterns. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. 201. (c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State. 202.

SHORT TITLE; TABLE OF CONTENTS. 1. Findings. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Federal Interagency Working Group on Women and Climate Change. Senior Coordinator for Women and Climate Change. 2. 3. 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 of the House of Representatives. (3) Developing country.--The term ``developing country'' means a country classified by the World Bank as having a low- income or lower-middle-income economy. (5) Environmental disasters.--The term ``environmental disasters'' means specific events caused by human activity that result in seriously negative effects on the environment. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. (11) Most vulnerable communities and populations.--The term ``most vulnerable communities and populations'' means communities and populations, including women, including lesbian and trans women and women living in poverty, impoverished communities, adolescent girls, people with disabilities, including women and girls with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, and individuals who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts. 4. (B) The United States Agency for International Development. (F) The National Institutes of Health. (12) Ensuring sustainable consumption and production patterns. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. 201. (c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Federal Interagency Working Group on Women and Climate Change. TITLE II--OVERSIGHT AND ACCOUNTABILITY Sec. Senior Coordinator for Women and Climate Change. 2. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. (14) Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation. 3. 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 of the House of Representatives. (3) Developing country.--The term ``developing country'' means a country classified by the World Bank as having a low- income or lower-middle-income economy. (5) Environmental disasters.--The term ``environmental disasters'' means specific events caused by human activity that result in seriously negative effects on the environment. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. (11) Most vulnerable communities and populations.--The term ``most vulnerable communities and populations'' means communities and populations, including women, including lesbian and trans women and women living in poverty, impoverished communities, adolescent girls, people with disabilities, including women and girls with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, and individuals who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts. 4. 101. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (F) The National Institutes of Health. (H) The Council on Environmental Quality. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. 102. (d) Implementation Plan and Budget Required.--Not later than 60 days after the date of the submittal of the strategy under subsection (a), the Senior Coordinator for Women and Climate Change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy. (e) United Nations Sustainable Development Goals Through and Beyond 2030.--The United Nations Sustainable Development Goals listed in this subsection are the following: (1) Ending poverty in all its forms everywhere. (3) Ensuring healthy lives and promoting well-being for all and at all ages. (5) Achieving gender equality and empowering all women and girls. (6) Ensuring the availability and sustainable management of water and sanitation for all. (10) Reducing inequality within and among countries. (12) Ensuring sustainable consumption and production patterns. (15) Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. 201. (c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State. 202.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. Statement of policy. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Federal Interagency Working Group on Women and Climate Change. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. TITLE II--OVERSIGHT AND ACCOUNTABILITY Sec. Senior Coordinator for Women and Climate Change. Briefing and report. 2. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. (6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. (11) It is predicted that climate change will lead to increasing frequency and intensity of extreme weather conditions, precipitating the occurrence of natural disasters around the globe. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. (14) Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation. 3. 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 of the House of Representatives. (3) Developing country.--The term ``developing country'' means a country classified by the World Bank as having a low- income or lower-middle-income economy. (5) Environmental disasters.--The term ``environmental disasters'' means specific events caused by human activity that result in seriously negative effects on the environment. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. (11) Most vulnerable communities and populations.--The term ``most vulnerable communities and populations'' means communities and populations, including women, including lesbian and trans women and women living in poverty, impoverished communities, adolescent girls, people with disabilities, including women and girls with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, and individuals who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts. 4. 101. (b) Chairperson.--The Senior Coordinator for Women and Climate Change designated pursuant to section 201 shall serve as the chairperson of the Working Group. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (F) The National Institutes of Health. (G) The National Science Foundation. (H) The Council on Environmental Quality. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of Meetings.--The Working Group shall-- (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. 102. (d) Implementation Plan and Budget Required.--Not later than 60 days after the date of the submittal of the strategy under subsection (a), the Senior Coordinator for Women and Climate Change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy. (e) United Nations Sustainable Development Goals Through and Beyond 2030.--The United Nations Sustainable Development Goals listed in this subsection are the following: (1) Ending poverty in all its forms everywhere. (3) Ensuring healthy lives and promoting well-being for all and at all ages. (5) Achieving gender equality and empowering all women and girls. (6) Ensuring the availability and sustainable management of water and sanitation for all. (10) Reducing inequality within and among countries. (12) Ensuring sustainable consumption and production patterns. (13) Taking urgent action to combat climate change and its impacts. (15) Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. 201. (c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State. 202.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. ( 5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. ( 16) Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies. (2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( 6) Environmental refugees.--The term ``environmental refugees'' means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin. ( (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( 10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. ( TITLE I--STRATEGIES, POLICIES, AND PROGRAMS SEC. c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. (2) Agencies.--The agencies described in this paragraph are the following: (A) The Department of State, including-- (i) the Office of Global Women's Issues; (ii) the Office of Civil Rights; (iii) the Bureau of Oceans and International Environmental and Scientific Affairs; (iv) the Bureau of Population, Refugees, and Migration; (v) the Bureau of Democracy, Human Rights, and Labor; and (vi) the Bureau of International Organization Affairs. ( G) The National Science Foundation. ( (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change designated pursuant to section 201 and the Ambassador- at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. ( 16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. ( c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. ( 2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( G) The National Science Foundation. ( e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of Meetings.--The Working Group shall-- (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. DEVELOPMENT AND IMPLEMENTATION OF STRATEGY AND POLICIES TO PREVENT AND RESPOND TO THE EFFECTS OF CLIMATE CHANGE ON WOMEN GLOBALLY. ( (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 5) Achieving gender equality and empowering all women and girls. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( TITLE II--OVERSIGHT AND ACCOUNTABILITY SEC. SENIOR COORDINATOR FOR WOMEN AND CLIMATE CHANGE. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. ( c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. ( 2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( G) The National Science Foundation. ( e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of Meetings.--The Working Group shall-- (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. DEVELOPMENT AND IMPLEMENTATION OF STRATEGY AND POLICIES TO PREVENT AND RESPOND TO THE EFFECTS OF CLIMATE CHANGE ON WOMEN GLOBALLY. ( (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 5) Achieving gender equality and empowering all women and girls. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( TITLE II--OVERSIGHT AND ACCOUNTABILITY SEC. SENIOR COORDINATOR FOR WOMEN AND CLIMATE CHANGE. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. ( c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. ( 5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. ( 16) Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies. (2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( 6) Environmental refugees.--The term ``environmental refugees'' means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin. ( (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( 10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. ( TITLE I--STRATEGIES, POLICIES, AND PROGRAMS SEC. c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. (2) Agencies.--The agencies described in this paragraph are the following: (A) The Department of State, including-- (i) the Office of Global Women's Issues; (ii) the Office of Civil Rights; (iii) the Bureau of Oceans and International Environmental and Scientific Affairs; (iv) the Bureau of Population, Refugees, and Migration; (v) the Bureau of Democracy, Human Rights, and Labor; and (vi) the Bureau of International Organization Affairs. ( G) The National Science Foundation. ( (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change designated pursuant to section 201 and the Ambassador- at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. ( 16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. ( c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. ( 2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( G) The National Science Foundation. ( e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of Meetings.--The Working Group shall-- (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. DEVELOPMENT AND IMPLEMENTATION OF STRATEGY AND POLICIES TO PREVENT AND RESPOND TO THE EFFECTS OF CLIMATE CHANGE ON WOMEN GLOBALLY. ( (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 5) Achieving gender equality and empowering all women and girls. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( TITLE II--OVERSIGHT AND ACCOUNTABILITY SEC. SENIOR COORDINATOR FOR WOMEN AND CLIMATE CHANGE. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. ( c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change designated pursuant to section 201 and the Ambassador- at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( ( ( G) The National Science Foundation. ( e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( TITLE II--OVERSIGHT AND ACCOUNTABILITY SEC.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change designated pursuant to section 201 and the Ambassador- at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( ( ( G) The National Science Foundation. ( e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( TITLE II--OVERSIGHT AND ACCOUNTABILITY SEC.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change designated pursuant to section 201 and the Ambassador- at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( (

Women and Climate Change Act of 2022 This bill directs the Department of State to establish a Federal Interagency Working Group to develop and implement a strategy and policies to prevent and respond to the effects of climate change on women globally. The group must: (1) develop a national strategy and plan to address climate change impacts on women; and (2) report to the President on the progress made Establishes in the Department of State a Federal Interagency Working Group on Women and Climate Change to: (1) prevent and respond to the effects of climate change on women globally; and (2) implement a coordinated, integrated, evidence-based, and comprehensive strategy on women and climate change throughout U.S. policies in the future. (Sec. 4) Establishes Directs the Senior Coordinator for Women and Climate Change and the Ambassador- at-Large for the Office of Global Women's Issues of the Department of State to develop and submit to Congress a U.S. National and International Strategy to prevent and respond to the effects of climate change on women. (Sec. 102) Requires the Strategy to include: (1) recognizing the disparate impacts of Directs the Ambassador-at-Large of the Office of Global Women's Issues of the Department of State to designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. (Sec. 201) Directs the Secretary of State, the relevant heads of other federal departments and independent agencies, and other entities within

H.R.260

Environmental Protection

Women and Climate Change Act of 2021 This bill addresses climate change and its effects on women and girls. Specifically, the bill establishes the Federal Interagency Working Group on Women and Climate Change within the Department of State. The bill outlines the functions of the working group, including the coordination of agencies' policies and activities relating to combating the effects of climate change on women and improving the government's response to and strategy for climate change. In addition, the Office of Global Women's Issues of the State Department must submit a strategy to prevent and respond to the effects of climate change on women.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Women and Climate Change Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Statement of policy. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. 101. Federal Interagency Working Group on Women and Climate Change. Sec. 102. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. TITLE II--OVERSIGHT AND ACCOUNTABILITY Sec. 201. Senior Coordinator for Women and Climate Change. Sec. 202. Briefing and report. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. (3) The United Nations Development Programme 2013 Human Development Report has found that the number of people living in extreme poverty could increase by up to 3,000,000,000 by 2050 unless environmental disasters are averted by coordinated global action. (4) Climate change is already forcing the most vulnerable communities and populations in developing countries to face unprecedented climate stress, including water scarcity and drought, as well as severe weather events and floods, which can lead to reduced agricultural productivity, food insecurity, and increased disease. (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. (6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. (8) The direct and indirect effects of climate change have a disproportionate impact on marginalized women, such as environmental refugees and displaced persons, migrants, religious, racial, or ethnic minorities, adolescent girls, lesbian and trans women, women living in poverty, and women and girls with disabilities and those who are living with HIV. (9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. (10) Displaced, refugee, and stateless women and girls face extreme violence and threats, including-- (A) being forced to exchange sex for food and humanitarian supplies; (B) being at increased risk of rape, sexual exploitation, and abuse; and (C) being at increased risk for HIV, sexually transmitted infections (STIs), unplanned pregnancy, and poor reproductive health. (11) It is predicted that climate change will lead to increasing frequency and intensity of extreme weather conditions, precipitating the occurrence of natural disasters around the globe. (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. (14) Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation. (15) Women are shown to have a multiplier effect because women use their income and resources, when given the necessary tools, to increase the well-being of their children and families, and thus play a critical role in reducing food insecurity, poverty, and socioeconomic effects of climate change. (16) Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies. SEC. 3. 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 of the House of Representatives. (2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. (3) Developing country.--The term ``developing country'' means a country classified by the World Bank as having a low- income or lower-middle-income economy. (4) Disparate impact.--The term ``disparate impact'' refers to the historical and ongoing impacts of the pattern and practice of discrimination in employment, education, housing, banking, health, and nearly every other aspect of life in the economy, society, or culture that have an adverse impact on minorities, women, or other protected groups, regardless of whether such practices were motivated by discriminatory intent. (5) Environmental disasters.--The term ``environmental disasters'' means specific events caused by human activity that result in seriously negative effects on the environment. (6) Environmental refugees.--The term ``environmental refugees'' means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin. (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. (11) Most vulnerable communities and populations.--The term ``most vulnerable communities and populations'' means communities and populations, including women, impoverished communities, adolescent girls, people with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, lesbian and trans women, women living in poverty, women and girls with disabilities, and those who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts. (12) Poverty.--The term ``poverty'' means an income level and living standard insufficient to meet basic needs. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States, in partnership with affected countries, donor country governments, international financial institutions, international nongovernmental organizations, multilateral organizations, and civil society groups, especially those led by women, to combat the leading causes of climate change, mitigate the effects of climate change on women and girls, and elevate the participation of women in policy, program, and community decision-making processes with respect to climate change, by-- (1) establishing the Federal Interagency Working Group on Women and Climate Change, the mission of which is to prevent and respond to the effects of climate change on women globally; and (2) implementing a coordinated, integrated, evidence-based, and comprehensive strategy on women and climate change throughout United States policies in the future. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS SEC. 101. FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. (a) Establishment.--There is established in the Department of State a Federal Interagency Working Group on Women and Climate Change (in this Act referred to as the ``Working Group''). (b) Chairperson.--The Senior Coordinator for Women and Climate Change designated pursuant to section 201 shall serve as the chairperson of the Working Group. (c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. (2) Agencies.--The agencies described in this paragraph are the following: (A) The Department of State, including-- (i) the Office of Global Women's Issues; (ii) the Office of Civil Rights; (iii) the Bureau of Oceans and International Environmental and Scientific Affairs; (iv) the Bureau of Population, Refugees, and Migration; (v) the Bureau of Democracy, Human Rights, and Labor; and (vi) the Bureau of International Organization Affairs. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (D) The Environmental Protection Agency. (E) The National Oceanic and Atmospheric Administration. (F) The National Institutes of Health. (G) The National Science Foundation. (H) The Council on Environmental Quality. (I) Such other agencies as may be designated by the Senior Coordinator for Women and Climate Change. (d) Functions.--The Working Group shall-- (1) coordinate and integrate the development of all policies and activities of the Federal Government across all agencies relating to-- (A) combating the effects of climate change on women in the national and international sphere; and (B) improving the response and strategy of the Federal Government to fight climate change for the security of the United States and the international community; (2) allow each member of the Working Group to act as a representative for the Working Group within the Federal department or agency of such member to facilitate implementation of the Working Group policies within such department or agency; (3) ensure that all relevant Federal departments or agencies comply with appropriate guidelines, policies, and directives from the Working Group, the Department of State, and other Federal departments or agencies with responsibilities relating to climate change; (4) ensure that Federal departments or agencies, State governments, and relevant congressional committees, in consultation with nongovernmental organizations and policy experts in the field and State and local government officials who administer or direct policy for programs relating to climate change and women-- (A) have access to, receive, and appropriately disseminate best practices in the administration of such programs; (B) have adequate resources to maximize the public awareness of such programs; (C) increase the reach of such programs; (D) share relevant data; and (E) issue relevant guidance; and (5) identify and disseminate best practices for improved collection on the part of each Federal department or agency of data relevant to the disparate impact of climate change on women, including in-- (A) unpaid care work; (B) community advocacy, activism, and representation; (C) women's and girls' access to education; (D) access to comprehensive health care, including reproductive health and rights; (E) desertification and food insecurity; (F) community infrastructure, multilevel Government adaptability, and climate resilience; (G) climate and weather-related crisis response, including safety from gender-based violence; and (H) women's involvement and leadership in the development of frameworks and policies for climate resilience. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of Meetings.--The Working Group shall-- (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. SEC. 102. DEVELOPMENT AND IMPLEMENTATION OF STRATEGY AND POLICIES TO PREVENT AND RESPOND TO THE EFFECTS OF CLIMATE CHANGE ON WOMEN GLOBALLY. (a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (b) Contents.--The strategy submitted under subsection (a) shall include-- (1) recognizing the disparate impacts of climate change on women and the efforts of women globally to address climate change; (2) taking effective action-- (A) to prevent and respond to climate change and mitigate the effects of climate change on women around the world; and (B) to promote gender equality, economic growth, public health, racial justice, and human rights; (3) implementing the United Nations Sustainable Development Goals listed in subsection (f), through and beyond 2030, as part of the strategy to prevent and respond to the effects of climate change on women globally; (4) implementing balanced gender participation to avoid reinforcing binary roles, especially among individuals from the communities most impacted, in climate change adaptation and mitigation efforts, including in governance and diplomatic positions within the United States Government; (5) working at the local, national, and international levels, including with individuals, families, and communities, to prevent and respond to the effects of climate change on women; (6) systematically integrating and coordinating efforts to prevent and respond to the effects of climate change on women internationally into United States foreign policy and foreign assistance programs; (7) investing in research on climate change through appropriate Federal departments or agencies and funding of university and independent research groups on the various causes and effects of climate change; (8) developing and implementing gender-sensitive frameworks in policies to address climate change that account for the specific impacts of climate change on women; (9) developing policies to support women who are particularly vulnerable to the impacts of climate change to prepare for, build their resilience to, and adapt to such impacts, including a commitment to increase education and training opportunities for women to develop local resilience plans to address the effects of climate change; (10) developing and investing in programs for the education and empowerment of women and girls in the United States and across the global community, including to gather information on how climate change is affecting their lives and for guidance on the needs of their families and communities in the face of climate change, in coordination with the diplomatic missions of other countries; (11) consulting with representatives of civil society, including nongovernmental organizations, community and faith- based organizations, multilateral organizations, local and international civil society groups, and local climate change organizations and their beneficiaries, that have demonstrated experience in preventing and responding to the effects of climate change on women; (12) supporting and building local capacity in developing countries, including with respect to governments at all levels and nongovernmental organizations (especially women-led), to prevent and respond to the effects of climate change on women; (13) developing programs to empower women in communities to have a voice in the planning, design, implementation, and evaluation of strategies to address climate change so that their roles and resources are taken into account; (14) including women in economic development planning, policies, and practices that directly improve conditions that result from climate change; (15) integrating a gender approach in all policies and programs in the United States that are globally related to climate change; and (16) ensuring that such policies and programs support women globally to prepare for, build resilience for, and adapt to, climate change. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. (d) Implementation Plan and Budget Required.--Not later than 60 days after the date of the submittal of the strategy under subsection (a), the Senior Coordinator for Women and Climate Change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy. (e) Assistance and Consultation.--The Senior Coordinator for Women and Climate Change shall assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally. (f) United Nations Sustainable Development Goals Through and Beyond 2030.--The United Nations Sustainable Development Goals listed in this subsection are the following: (1) Ending poverty in all its forms everywhere. (2) Ending hunger, achieving food security and improved nutrition, and promoting sustainable agriculture. (3) Ensuring healthy lives and promoting well-being for all and at all ages. (4) Ensuring inclusive, equitable, and quality education and promoting lifelong learning opportunities for all. (5) Achieving gender equality and empowering all women and girls. (6) Ensuring the availability and sustainable management of water and sanitation for all. (7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. (9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. (10) Reducing inequality within and among countries. (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. (12) Ensuring sustainable consumption and production patterns. (13) Taking urgent action to combat climate change and its impacts. (14) Conserving and sustainably using the oceans, seas, and marine resources for sustainable development. (15) Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. (17) Strengthening the means of policy implementation and revitalizing the global partnership for sustainable development. TITLE II--OVERSIGHT AND ACCOUNTABILITY SEC. 201. SENIOR COORDINATOR FOR WOMEN AND CLIMATE CHANGE. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. (b) Duties.--The Senior Coordinator for Women and Climate Change shall-- (1) direct the activities, policies, programs, and funding of the Department of State relating to the effects of climate change on women, including with respect to efforts to prevent and respond to those effects; (2) advise the Secretary of State, the relevant heads of other Federal departments and independent agencies, and other entities within the Executive Office of the President, regarding the establishment of-- (A) policies, goals, objectives, and priorities for addressing and combating the effects of climate change on women; and (B) mechanisms to improve the effectiveness, coordination, impact, and outcomes of programs relating to addressing and combating the effects of climate change on women, in coordination with experts in the field, nongovernmental organizations, and foreign governments; and (3) identify and assist in the resolution of any disputes that arise between Federal agencies relating to policies and programs to address and combat the effects of climate change on women or other matters within the responsibility of the Office of Global Women's Issues. (c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State. SEC. 202. BRIEFING AND REPORT. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large and the Senior Coordinator for Women and Climate Change shall jointly-- (1) brief the appropriate congressional committees on-- (A) the effects of climate change on women; and (B) the prevention and response strategies, programming, and associated outcomes with respect to climate change; and (2) submit to the appropriate congressional committees an assessment of the human and financial resources necessary to fulfill the purposes of and carry out this Act. <all>

Women and Climate Change Act of 2021

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes.

Women and Climate Change Act of 2021

Rep. Lee, Barbara

D

CA

This bill addresses climate change and its effects on women and girls. Specifically, the bill establishes the Federal Interagency Working Group on Women and Climate Change within the Department of State. The bill outlines the functions of the working group, including the coordination of agencies' policies and activities relating to combating the effects of climate change on women and improving the government's response to and strategy for climate change. In addition, the Office of Global Women's Issues of the State Department must submit a strategy to prevent and respond to the effects of climate change on women.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Federal Interagency Working Group on Women and Climate Change. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. Senior Coordinator for Women and Climate Change. Briefing and report. 2. (9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. 3. 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 of the House of Representatives. (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. 4. 101. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (D) The Environmental Protection Agency. (F) The National Institutes of Health. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. 102. (5) Achieving gender equality and empowering all women and girls. (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. (10) Reducing inequality within and among countries. (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. (12) Ensuring sustainable consumption and production patterns. 201. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. 202.

SHORT TITLE; TABLE OF CONTENTS. 1. Findings. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Federal Interagency Working Group on Women and Climate Change. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. Senior Coordinator for Women and Climate Change. Briefing and report. 2. (9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. 3. 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 of the House of Representatives. (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. 4. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (D) The Environmental Protection Agency. (F) The National Institutes of Health. (5) Achieving gender equality and empowering all women and girls. (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. (12) Ensuring sustainable consumption and production patterns. 201.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Federal Interagency Working Group on Women and Climate Change. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. TITLE II--OVERSIGHT AND ACCOUNTABILITY Sec. Senior Coordinator for Women and Climate Change. Briefing and report. 2. (6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. (9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. (14) Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation. 3. 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 of the House of Representatives. (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. 4. 101. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (D) The Environmental Protection Agency. (F) The National Institutes of Health. (H) The Council on Environmental Quality. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. 102. (f) United Nations Sustainable Development Goals Through and Beyond 2030.--The United Nations Sustainable Development Goals listed in this subsection are the following: (1) Ending poverty in all its forms everywhere. (3) Ensuring healthy lives and promoting well-being for all and at all ages. (5) Achieving gender equality and empowering all women and girls. (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. (10) Reducing inequality within and among countries. (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. (12) Ensuring sustainable consumption and production patterns. (13) Taking urgent action to combat climate change and its impacts. (15) Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. 201. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. 202.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. Statement of policy. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Federal Interagency Working Group on Women and Climate Change. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. TITLE II--OVERSIGHT AND ACCOUNTABILITY Sec. Senior Coordinator for Women and Climate Change. Briefing and report. 2. (3) The United Nations Development Programme 2013 Human Development Report has found that the number of people living in extreme poverty could increase by up to 3,000,000,000 by 2050 unless environmental disasters are averted by coordinated global action. (6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. (8) The direct and indirect effects of climate change have a disproportionate impact on marginalized women, such as environmental refugees and displaced persons, migrants, religious, racial, or ethnic minorities, adolescent girls, lesbian and trans women, women living in poverty, and women and girls with disabilities and those who are living with HIV. (9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. (14) Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation. 3. 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 of the House of Representatives. (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. 4. 101. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (D) The Environmental Protection Agency. (F) The National Institutes of Health. (G) The National Science Foundation. (H) The Council on Environmental Quality. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of Meetings.--The Working Group shall-- (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. 102. (d) Implementation Plan and Budget Required.--Not later than 60 days after the date of the submittal of the strategy under subsection (a), the Senior Coordinator for Women and Climate Change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy. (f) United Nations Sustainable Development Goals Through and Beyond 2030.--The United Nations Sustainable Development Goals listed in this subsection are the following: (1) Ending poverty in all its forms everywhere. (3) Ensuring healthy lives and promoting well-being for all and at all ages. (5) Achieving gender equality and empowering all women and girls. (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. (10) Reducing inequality within and among countries. (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. (12) Ensuring sustainable consumption and production patterns. (13) Taking urgent action to combat climate change and its impacts. (15) Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. 201. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. 202.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. ( 5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. ( 16) Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies. (2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( 6) Environmental refugees.--The term ``environmental refugees'' means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin. ( (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( 10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. ( TITLE I--STRATEGIES, POLICIES, AND PROGRAMS SEC. c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. (2) Agencies.--The agencies described in this paragraph are the following: (A) The Department of State, including-- (i) the Office of Global Women's Issues; (ii) the Office of Civil Rights; (iii) the Bureau of Oceans and International Environmental and Scientific Affairs; (iv) the Bureau of Population, Refugees, and Migration; (v) the Bureau of Democracy, Human Rights, and Labor; and (vi) the Bureau of International Organization Affairs. ( G) The National Science Foundation. ( (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( e) Assistance and Consultation.--The Senior Coordinator for Women and Climate Change shall assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally. ( (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( 12) Ensuring sustainable consumption and production patterns. ( c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large and the Senior Coordinator for Women and Climate Change shall jointly-- (1) brief the appropriate congressional committees on-- (A) the effects of climate change on women; and (B) the prevention and response strategies, programming, and associated outcomes with respect to climate change; and (2) submit to the appropriate congressional committees an assessment of the human and financial resources necessary to fulfill the purposes of and carry out this Act.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. ( 2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( G) The National Science Foundation. ( (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( e) Assistance and Consultation.--The Senior Coordinator for Women and Climate Change shall assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally. ( 7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( (17) Strengthening the means of policy implementation and revitalizing the global partnership for sustainable development. a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. ( 2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( G) The National Science Foundation. ( (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( e) Assistance and Consultation.--The Senior Coordinator for Women and Climate Change shall assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally. ( 7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( (17) Strengthening the means of policy implementation and revitalizing the global partnership for sustainable development. a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. ( 5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. ( 16) Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies. (2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( 6) Environmental refugees.--The term ``environmental refugees'' means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin. ( (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( 10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. ( TITLE I--STRATEGIES, POLICIES, AND PROGRAMS SEC. c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. (2) Agencies.--The agencies described in this paragraph are the following: (A) The Department of State, including-- (i) the Office of Global Women's Issues; (ii) the Office of Civil Rights; (iii) the Bureau of Oceans and International Environmental and Scientific Affairs; (iv) the Bureau of Population, Refugees, and Migration; (v) the Bureau of Democracy, Human Rights, and Labor; and (vi) the Bureau of International Organization Affairs. ( G) The National Science Foundation. ( (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( e) Assistance and Consultation.--The Senior Coordinator for Women and Climate Change shall assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally. ( (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( 12) Ensuring sustainable consumption and production patterns. ( c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large and the Senior Coordinator for Women and Climate Change shall jointly-- (1) brief the appropriate congressional committees on-- (A) the effects of climate change on women; and (B) the prevention and response strategies, programming, and associated outcomes with respect to climate change; and (2) submit to the appropriate congressional committees an assessment of the human and financial resources necessary to fulfill the purposes of and carry out this Act.

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. ( 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. ( 2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. ( (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( G) The National Science Foundation. ( (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( e) Assistance and Consultation.--The Senior Coordinator for Women and Climate Change shall assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally. ( 7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. ( (17) Strengthening the means of policy implementation and revitalizing the global partnership for sustainable development. a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( ( ( G) The National Science Foundation. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. 6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. ( ( ( G) The National Science Foundation. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (

To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. ( ( 9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. ( ( 8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. ( c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. ( a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. ( 9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. (

Women and Climate Change Act of 2021 This bill directs the Department of State to establish a Federal Interagency Working Group to develop and implement a strategy and policies to prevent and respond to the effects of climate change on women globally. The group must: (1) develop a national strategy and plan to address climate change impacts on women; and (2) report to the President on the progress made Establishes in the Department of State a Federal Interagency Working Group on Women and Climate Change to: (1) prevent and respond to the effects of climate change on women globally; and (2) implement a coordinated, integrated, evidence-based, and comprehensive strategy on women and climate change throughout U.S. policies in the future. (Sec. 4) Establishes Directs the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State to develop and submit to Congress a U.S. National and International Strategy to prevent and respond to the effects of climate change on women. (Sec. 102) Requires the Strategy to include: (1) recognizing the disparate impacts of Directs the Senior Coordinator for Women and Climate Change to: (1) direct the activities, policies, programs, and funding of the Department of State relating to the effects of climate change on women, including with respect to efforts to prevent and respond to those effects; (2) advise the Secretary of State, the relevant heads of other federal departments and independent agencies, and other entities within

H.R.2298

Immigration

Accountability Through Electronic Verification Act This bill expands the E-Verify program by requiring all employers to use it and permanently reauthorizes the program. Currently, E-Verify use is voluntary for most employers, although some states mandate its use. All employers shall use E-Verify to confirm the identity and employment eligibility of all recruited, referred, or hired individuals, including current employees who were never verified under the program. Failure to use E-Verify shall create a rebuttable presumption that the employer is violating immigration law. U.S. Citizenship and Immigration Services shall generate weekly reports about individuals who have received a final nonconfirmation of employment eligibility. The Department of Homeland Security (DHS) shall use the report to enforce immigration laws. DHS shall establish a program to help certain small businesses verify employee eligibility. DHS shall also update E-Verify's design to help prevent and detect fraud and identity theft. The bill increases civil and criminal penalties for hiring unauthorized aliens. DHS shall debar repeat offenders and those criminally convicted from holding federal contracts, grants, or cooperative agreements. The Social Security Administration, Internal Revenue Service, Department of the Treasury, and DHS shall jointly establish a program to share information to help identify unauthorized aliens. The bill establishes the Employer Compliance Inspection Center within Homeland Security Investigations of U.S. Immigration and Customs Enforcement. The center's duties include processing I-9 employment eligibility verification forms and ensuring compliance with employment eligibility laws. DHS shall report to Congress on ways to simplify procedures relating to I-9 forms and on whether the I-9 process should be eliminated.

To expand the use of E-Verify, to hold employers accountable, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Accountability Through Electronic Verification Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permanent reauthorization. Sec. 3. Mandatory use of E-Verify. Sec. 4. Consequences of failure to participate. Sec. 5. Preemption; liability. Sec. 6. Expanded use of E-Verify. Sec. 7. Reverification. Sec. 8. Holding employers accountable. Sec. 9. Information sharing. Sec. 10. Form I-9 Process. Sec. 11. Algorithm. Sec. 12. Identity theft. Sec. 13. Small Business Demonstration Program. Sec. 14. Employer Compliance Inspection Center. SEC. 2. PERMANENT REAUTHORIZATION. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015.''. SEC. 3. MANDATORY USE OF E-VERIFY. (a) Federal Government.--Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section.''; and (2) in subparagraph (B), by striking ``, that conducts hiring in a State'' and all that follows and inserting ``shall participate in E-Verify by complying with the terms and conditions set forth in this section.''. (b) Federal Contractors; Critical Employers.--Section 402(e) of such Act, as amended by subsection (a), is further amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) United states contractors.--Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ``(3) Designation of critical employers.--Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall-- ``(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; ``(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and ``(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.''. (c) All Employers.--Section 402 of such Act, as amended by this section, is further amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Mandatory Participation in E-Verify.-- ``(1) In general.--Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. ``(2) Use of contract labor.--Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ``(B) Notification.--Not later than 14 days before an employer or class of employers is required to begin participating in E-Verify pursuant to subparagraph (A), the Secretary shall provide such employer or class of employers with-- ``(i) written notification of such requirement; and ``(ii) appropriate training materials to facilitate compliance with such requirement.''. SEC. 4. CONSEQUENCES OF FAILURE TO PARTICIPATE. (a) In General.--Section 402(e)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as redesignated by section 3(b)(1), is amended to read as follows: ``(5) Consequences of failure to participate.--If a person or other entity that is required to participate in E-Verify fails to comply with the requirements under this title with respect to an individual-- ``(A) such failure shall be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a) with respect to such individual; and ``(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.''. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate.''; (B) in paragraph (5)-- (i) by inserting ``, subject to paragraphs (10) through (12),'' after ``in an amount''; (ii) by striking ``$100 and not more than $1,000'' and inserting ``$1,000 and not more than $25,000''; (iii) by striking ``the size of the business of the employer being charged, the good faith of the employer'' and inserting ``the good faith of the employer being charged''; and (iv) by adding at the end the following: ``Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).''; and (C) by adding at the end the following: ``(10) Exemption from penalty.--In the case of the imposition of a civil penalty under paragraph (4)(A) with respect to a violation of paragraph (1)(A) or (2) of subsection (a) for hiring, continuation of employment, recruitment, or referral by a person or entity and, in the case of the imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring, recruitment, or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. ``(C) Has contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity holds a Federal contract, grant or cooperative agreement, the Secretary-- ``(i) shall notify all agencies or departments holding a contract, grant, or cooperative agreement with the debarred person or entity of such debarment; and ``(ii) after soliciting and considering the views of all such agencies and departments, may waive the operation of this paragraph. ``(D) Review.--Any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.''; and (2) in subsection (f)-- (A) by amending paragraph (1) to read as follows: ``(1) Criminal penalty.--Any person or entity which engages in a pattern or practice of violations of subsection (a)(1) or (2) shall be fined not more than $30,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than 1 year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels.''; and (B) in paragraph (2), by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''. SEC. 5. PREEMPTION; LIABILITY. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. ``(2) Liability.--A person or other entity that participates in E-Verify may not be held liable under any Federal, State, or local law for any employment-related action taken with respect to the wrongful termination of an individual in good faith reliance on information provided through E- Verify.''. SEC. 6. EXPANDED USE OF E-VERIFY. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. If an employer receives a tentative nonconfirmation for an individual, the employer shall comply with procedures prescribed by the Secretary of Homeland Security, including-- ``(I) providing the individual employees with private, written notification of the finding and written referral instructions; ``(II) allowing the individual to contest the finding; and ``(III) not taking adverse action against the individual if the individual chooses to contest the finding. ``(ii) After employment offer.--The person or other entity shall verify the employment eligibility of an individual through E-Verify not later than 3 days after the date of the hiring, recruitment, or referral, as the case may be. ``(iii) Existing employees.--Not later than 1 year after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.''. SEC. 7. REVERIFICATION. Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by section 6, is further amended by adding at the end the following: ``(5) Reverification.--Each person or other entity participating in E-Verify shall use the E-Verify confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual's employment authorization is scheduled to expire (as indicated by the Secretary or the documents provided to the employer pursuant to section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b))), in accordance with the procedures set forth in this subsection and section 402.''. SEC. 8. HOLDING EMPLOYERS ACCOUNTABLE. (a) Consequences of Nonconfirmation.--Section 403(a)(4)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. (b) Interagency Nonconfirmation Report.--Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. Citizenship and Immigration Services shall submit a weekly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each individual who receives final nonconfirmation through E-Verify-- ``(A) the name of such individual; ``(B) his or her Social Security number or alien file number; ``(C) the name and contact information for his or her current employer; and ``(D) any other critical information that the Assistant Secretary determines to be appropriate. ``(2) Use of weekly report.--The Secretary of Homeland Security shall use information provided under paragraph (1) to enforce compliance of the United States immigration laws.''. SEC. 9. INFORMATION SHARING. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))), including no- match letters and any information in the earnings suspense file. SEC. 10. FORM I-9 PROCESS. Not later than 9 months after date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to Congress that contains recommendations for-- (1) modifying and simplifying the process by which employers are required to complete and retain a Form I-9 for each employee pursuant to section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); and (2) eliminating the process described in paragraph (1). SEC. 11. ALGORITHM. Section 404(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(d) Design and Operation of System.--E-Verify shall be designed and operated-- ``(1) to maximize its reliability and ease of use by employers; ``(2) to insulate and protect the privacy and security of the underlying information; ``(3) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; ``(4) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed; ``(5) to register any time when E-Verify is unable to receive inquiries; ``(6) to allow for auditing use of the system to detect fraud and identify theft; ``(7) to preserve the security of the information in all of the system by-- ``(A) developing and using algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents; ``(B) developing and using algorithms to detect misuse of the system by employers and employees; ``(C) developing capabilities to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; and ``(D) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees; ``(8) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including-- ``(A) records maintained by the Social Security Administration; ``(B) birth and death records maintained by vital statistics agencies of any State or other jurisdiction in the United States; ``(C) passport and visa records (including photographs) maintained by the Department of State; and ``(D) State driver's license or identity card information (including photographs) maintained by State department of motor vehicles; ``(9) to electronically confirm the issuance of the employment authorization or identity document; and ``(10) to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee or, in exceptional cases, if a photograph is not available from the issuer, to provide for a temporary alternative procedure, specified by the Secretary, for confirming the authenticity of the document.''. SEC. 12. IDENTITY THEFT. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. SEC. 13. SMALL BUSINESS DEMONSTRATION PROGRAM. Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Small Business Demonstration Program.--Not later than 9 months after the date of the enactment of the Accountability Through Electronic Verification Act, the Director of U.S. Citizenship and Immigration Services shall establish a demonstration program that assists small businesses in rural areas or areas without internet capabilities to verify the employment eligibility of newly hired employees solely through the use of publicly accessible internet terminals.''. SEC. 14. EMPLOYER COMPLIANCE INSPECTION CENTER. (a) Establishment.--There is established, within Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Employer Compliance Inspection Center (referred to in this section as the ``Center''). (b) Purposes.--The establishment of the Center is intended-- (1) to create a culture of compliance for all United States businesses by imposing more effective, efficient, and standardized consequences, including civil and criminal penalties, on employers who fail to comply with the employment eligibility verification requirements; and (2) to consolidate worksite enforcement audits at a centralized location to ensure a standardized process and uniform application of the fine matrix. (c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (d) Response Time.--The Center shall respond as quickly as practicable to employer inquiries based on the facts and circumstances of the employer making the inquiry. (e) Task Force.--The Center shall establish a task force, utilizing existing information sharing agreements with other Federal agencies, including the Social Security Administration, U.S. Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations. <all>

Accountability Through Electronic Verification Act

To expand the use of E-Verify, to hold employers accountable, and for other purposes.

Accountability Through Electronic Verification Act

Rep. Brooks, Mo

R

AL

This bill expands the E-Verify program by requiring all employers to use it and permanently reauthorizes the program. Currently, E-Verify use is voluntary for most employers, although some states mandate its use. All employers shall use E-Verify to confirm the identity and employment eligibility of all recruited, referred, or hired individuals, including current employees who were never verified under the program. Failure to use E-Verify shall create a rebuttable presumption that the employer is violating immigration law. U.S. Citizenship and Immigration Services shall generate weekly reports about individuals who have received a final nonconfirmation of employment eligibility. The Department of Homeland Security (DHS) shall use the report to enforce immigration laws. DHS shall establish a program to help certain small businesses verify employee eligibility. DHS shall also update E-Verify's design to help prevent and detect fraud and identity theft. The bill increases civil and criminal penalties for hiring unauthorized aliens. DHS shall debar repeat offenders and those criminally convicted from holding federal contracts, grants, or cooperative agreements. The Social Security Administration, Internal Revenue Service, Department of the Treasury, and DHS shall jointly establish a program to share information to help identify unauthorized aliens. The bill establishes the Employer Compliance Inspection Center within Homeland Security Investigations of U.S. Immigration and Customs Enforcement. The center's duties include processing I-9 employment eligibility verification forms and ensuring compliance with employment eligibility laws. DHS shall report to Congress on ways to simplify procedures relating to I-9 forms and on whether the I-9 process should be eliminated.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Mandatory use of E-Verify. Consequences of failure to participate. Preemption; liability. Reverification. Holding employers accountable. Information sharing. Form I-9 Process. Algorithm. Identity theft. Small Business Demonstration Program. Sec. Employer Compliance Inspection Center. 2. 3. 1324a). 4. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 5. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. 7. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. 9. 10. 11. 12. 14. Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Mandatory use of E-Verify. Consequences of failure to participate. Holding employers accountable. Information sharing. Form I-9 Process. Algorithm. Identity theft. Small Business Demonstration Program. Sec. Employer Compliance Inspection Center. 2. 3. 1324a). 4. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 5. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. 7. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. 9. 10.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Permanent reauthorization. Mandatory use of E-Verify. Consequences of failure to participate. Preemption; liability. Reverification. Holding employers accountable. Information sharing. Form I-9 Process. Algorithm. Identity theft. Small Business Demonstration Program. Sec. Employer Compliance Inspection Center. 2. 3. ``(3) Designation of critical employers.--Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall-- ``(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; ``(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and ``(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.''. 1324a). 4. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 5. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. 7. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. 9. 10. 11. 12. 13. 14. Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Permanent reauthorization. Mandatory use of E-Verify. Consequences of failure to participate. Preemption; liability. Reverification. Holding employers accountable. Information sharing. Form I-9 Process. Algorithm. Identity theft. Small Business Demonstration Program. Sec. Employer Compliance Inspection Center. 2. 3. ``(3) Designation of critical employers.--Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall-- ``(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; ``(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and ``(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.''. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). 1324a). 4. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 5. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. 7. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. 9. 10. 11. 1324a note) is amended to read as follows: ``(d) Design and Operation of System.--E-Verify shall be designed and operated-- ``(1) to maximize its reliability and ease of use by employers; ``(2) to insulate and protect the privacy and security of the underlying information; ``(3) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; ``(4) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed; ``(5) to register any time when E-Verify is unable to receive inquiries; ``(6) to allow for auditing use of the system to detect fraud and identify theft; ``(7) to preserve the security of the information in all of the system by-- ``(A) developing and using algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents; ``(B) developing and using algorithms to detect misuse of the system by employers and employees; ``(C) developing capabilities to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; and ``(D) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees; ``(8) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including-- ``(A) records maintained by the Social Security Administration; ``(B) birth and death records maintained by vital statistics agencies of any State or other jurisdiction in the United States; ``(C) passport and visa records (including photographs) maintained by the Department of State; and ``(D) State driver's license or identity card information (including photographs) maintained by State department of motor vehicles; ``(9) to electronically confirm the issuance of the employment authorization or identity document; and ``(10) to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee or, in exceptional cases, if a photograph is not available from the issuer, to provide for a temporary alternative procedure, specified by the Secretary, for confirming the authenticity of the document.''. 12. 13. 14. (c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations.

To expand the use of E-Verify, to hold employers accountable, and for other purposes. Mandatory use of E-Verify. Expanded use of E-Verify. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015.''. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ''; and (2) in subparagraph (B), by striking ``, that conducts hiring in a State'' and all that follows and inserting ``shall participate in E-Verify by complying with the terms and conditions set forth in this section.''. ( c) All Employers.--Section 402 of such Act, as amended by this section, is further amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Mandatory Participation in E-Verify.-- ``(1) In general.--Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. ``(2) Use of contract labor.--Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). 1324a note), as redesignated by section 3(b)(1), is amended to read as follows: ``(5) Consequences of failure to participate.--If a person or other entity that is required to participate in E-Verify fails to comply with the requirements under this title with respect to an individual-- ``(A) such failure shall be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a) with respect to such individual; and ``(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.''. ( b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. ``(D) Review.--Any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. ''; Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. ``(2) Liability.--A person or other entity that participates in E-Verify may not be held liable under any Federal, State, or local law for any employment-related action taken with respect to the wrongful termination of an individual in good faith reliance on information provided through E- Verify.''. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. ``(iii) Existing employees.--Not later than 1 year after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.''. HOLDING EMPLOYERS ACCOUNTABLE. ( 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( ``(2) Use of weekly report.--The Secretary of Homeland Security shall use information provided under paragraph (1) to enforce compliance of the United States immigration laws.''. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))), including no- match letters and any information in the earnings suspense file. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. SMALL BUSINESS DEMONSTRATION PROGRAM. (a) Establishment.--There is established, within Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Employer Compliance Inspection Center (referred to in this section as the ``Center''). ( c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. ( Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations.

To expand the use of E-Verify, to hold employers accountable, and for other purposes. Permanent reauthorization. Mandatory use of E-Verify. a) Federal Government.--Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ''; (b) Federal Contractors; Critical Employers.--Section 402(e) of such Act, as amended by subsection (a), is further amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) United states contractors.--Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. c) All Employers.--Section 402 of such Act, as amended by this section, is further amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Mandatory Participation in E-Verify.-- ``(1) In general.--Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. HOLDING EMPLOYERS ACCOUNTABLE. ( ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( ``(2) Use of weekly report.--The Secretary of Homeland Security shall use information provided under paragraph (1) to enforce compliance of the United States immigration laws.''. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))), including no- match letters and any information in the earnings suspense file. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. a) Establishment.--There is established, within Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Employer Compliance Inspection Center (referred to in this section as the ``Center''). ( (c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. ( d) Response Time.--The Center shall respond as quickly as practicable to employer inquiries based on the facts and circumstances of the employer making the inquiry. (

To expand the use of E-Verify, to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))), including no- match letters and any information in the earnings suspense file. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify, to hold employers accountable, and for other purposes. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ''; ``(2) Use of contract labor.--Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). 1324a) with respect to such individual; and ``(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.''. ( ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. ``(iii) Existing employees.--Not later than 1 year after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.''. ( 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify, to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))), including no- match letters and any information in the earnings suspense file. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify, to hold employers accountable, and for other purposes. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ''; ``(2) Use of contract labor.--Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). 1324a) with respect to such individual; and ``(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.''. ( ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. ``(iii) Existing employees.--Not later than 1 year after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.''. ( 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify, to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))), including no- match letters and any information in the earnings suspense file. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify, to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ( ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify, to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify, to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ( ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

Accountability Through Electronic Verification Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Department of Homeland Security (DHS) to: (1) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; (2) designate and publish a list of such employers and classes of employers; Amends the Federal Acquisition Regulation to: (1) increase the civil penalty for hiring, continuation of employment, recruitment, or referral by a person or entity; and (2) provide for the waiver of such penalty if the violator establishes that the violators acted in good faith. (Sec. 3) Amends the Immigration and Nationality Act to increase the criminal penalties for violations Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary of Homeland Security (DHS) to require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer. Requires each person or other entity participating in E-verify to use the system to reverify the work authorization of Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Director of U.S. Citizenship and Immigration Services (CIS) to establish a demonstration program that assists small businesses in rural areas or areas without internet capabilities to verify the employment eligibility of newly hired employees solely through the use of publicly accessible internet terminals. Amends the Immigration and Nationality Act to

S.71

Immigration

Accountability Through Electronic Verification Act This bill expands the E-Verify program by requiring all employers to use it and permanently reauthorizes the program. Currently, E-Verify use is voluntary for most employers, although some states mandate its use. All employers shall use E-Verify to confirm the identity and employment eligibility of all recruited, referred, or hired individuals, including current employees who were never verified under the program. Failure to use E-Verify shall create a rebuttable presumption that the employer is violating immigration law. U.S. Citizenship and Immigration Services shall generate weekly reports about individuals who have received a final nonconfirmation of employment eligibility. The Department of Homeland Security (DHS) shall use the report to enforce immigration laws. DHS shall establish a program to help certain small businesses verify employee eligibility. DHS shall also update E-Verify's design to help prevent and detect fraud and identity theft. The bill increases civil and criminal penalties for hiring unauthorized aliens. DHS shall debar repeat offenders and those criminally convicted from holding federal contracts, grants, or cooperative agreements. The Social Security Administration, Internal Revenue Service, Department of the Treasury, and DHS shall jointly establish a program to share information to help identify unauthorized aliens. The bill establishes the Employer Compliance Inspection Center within Homeland Security Investigations of U.S. Immigration and Customs Enforcement. The center's duties include processing I-9 employment eligibility verification forms and ensuring compliance with employment eligibility laws. DHS shall report to Congress on ways to simplify procedures relating to I-9 forms and on whether the I-9 process should be eliminated.

To expand the use of E-Verify to hold employers accountable, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Accountability Through Electronic Verification Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permanent reauthorization. Sec. 3. Mandatory use of E-Verify. Sec. 4. Consequences of failure to participate. Sec. 5. Preemption; liability. Sec. 6. Expanded use of E-Verify. Sec. 7. Reverification. Sec. 8. Holding employers accountable. Sec. 9. Information sharing. Sec. 10. Form I-9 process. Sec. 11. Algorithm. Sec. 12. Identity theft. Sec. 13. Small Business Demonstration Program. Sec. 14. Employer Compliance Inspection Center. SEC. 2. PERMANENT REAUTHORIZATION. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015.''. SEC. 3. MANDATORY USE OF E-VERIFY. (a) Federal Government.--Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section.''; and (2) in subparagraph (B), by striking ``, that conducts hiring in a State'' and all that follows and inserting ``shall participate in E-Verify by complying with the terms and conditions set forth in this section.''. (b) Federal Contractors; Critical Employers.--Section 402(e) of such Act, as amended by subsection (a), is further amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) United states contractors.--Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ``(3) Designation of critical employers.--Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall-- ``(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; ``(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and ``(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.''. (c) All Employers.--Section 402 of such Act, as amended by this section, is further amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Mandatory Participation in E-Verify.-- ``(1) In general.--Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. ``(2) Use of contract labor.--Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ``(B) Notification.--Not later than 14 days before an employer or class of employers is required to begin participating in E-Verify pursuant to subparagraph (A), the Secretary shall provide such employer or class of employers with-- ``(i) written notification of such requirement; and ``(ii) appropriate training materials to facilitate compliance with such requirement.''. SEC. 4. CONSEQUENCES OF FAILURE TO PARTICIPATE. (a) In General.--Section 402(e)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as redesignated by section 3(b)(1), is amended to read as follows: ``(5) Consequences of failure to participate.--If a person or other entity that is required to participate in E-Verify fails to comply with the requirements under this title with respect to an individual-- ``(A) such failure shall be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a) with respect to such individual; and ``(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.''. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate.''; (B) in paragraph (5)-- (i) by inserting ``, subject to paragraphs (10) through (12),'' after ``in an amount''; (ii) by striking ``$100 and not more than $1,000'' and inserting ``$1,000 and not more than $25,000''; (iii) by striking ``the size of the business of the employer being charged, the good faith of the employer'' and inserting ``the good faith of the employer being charged''; and (iv) by adding at the end the following: ``Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).''; and (C) by adding at the end the following: ``(10) Exemption from penalty.--In the case of the imposition of a civil penalty under paragraph (4)(A) with respect to a violation of paragraph (1)(A) or (2) of subsection (a) for hiring, continuation of employment, recruitment, or referral by a person or entity and, in the case of the imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring, recruitment, or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. ``(C) Has contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity holds a Federal contract, grant, or cooperative agreement, the Secretary-- ``(i) shall notify all agencies or departments holding a contract, grant, or cooperative agreement with the debarred person or entity of such debarment; and ``(ii) after soliciting and considering the views of all such agencies and departments, may waive the operation of this paragraph. ``(D) Review.--Any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.''; and (2) in subsection (f)-- (A) by amending paragraph (1) to read as follows: ``(1) Criminal penalty.--Any person or entity which engages in a pattern or practice of violations of subsection (a)(1) or (2) shall be fined not more than $30,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than 1 year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels.''; and (B) in paragraph (2), by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''. SEC. 5. PREEMPTION; LIABILITY. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. ``(2) Liability.--A person or other entity that participates in E-Verify may not be held liable under any Federal, State, or local law for any employment-related action taken with respect to the wrongful termination of an individual in good faith reliance on information provided through E- Verify.''. SEC. 6. EXPANDED USE OF E-VERIFY. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. If an employer receives a tentative nonconfirmation for an individual, the employer shall comply with procedures prescribed by the Secretary of Homeland Security, including-- ``(I) providing the individual employees with private, written notification of the finding and written referral instructions; ``(II) allowing the individual to contest the finding; and ``(III) not taking adverse action against the individual if the individual chooses to contest the finding. ``(ii) After employment offer.--The person or other entity shall verify the employment eligibility of an individual through E-Verify not later than 3 days after the date of the hiring, recruitment, or referral, as the case may be. ``(iii) Existing employees.--Not later than 1 year after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.''. SEC. 7. REVERIFICATION. Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by section 6, is further amended by adding at the end the following: ``(5) Reverification.--Each person or other entity participating in E-Verify shall use the E-Verify confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual's employment authorization is scheduled to expire (as indicated by the Secretary or the documents provided to the employer pursuant to section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b))), in accordance with the procedures set forth in this subsection and section 402.''. SEC. 8. HOLDING EMPLOYERS ACCOUNTABLE. (a) Consequences of Nonconfirmation.--Section 403(a)(4)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. (b) Interagency Nonconfirmation Report.--Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. Citizenship and Immigration Services shall submit a weekly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each individual who receives final nonconfirmation through E-Verify-- ``(A) the name of such individual; ``(B) his or her Social Security number or alien file number; ``(C) the name and contact information for his or her current employer; and ``(D) any other critical information that the Assistant Secretary determines to be appropriate. ``(2) Use of weekly report.--The Secretary of Homeland Security shall use information provided under paragraph (1) to enforce compliance of the United States immigration laws.''. SEC. 9. INFORMATION SHARING. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)), including no- match letters and any information in the earnings suspense file. SEC. 10. FORM I-9 PROCESS. Not later than 9 months after date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to Congress that contains recommendations for-- (1) modifying and simplifying the process by which employers are required to complete and retain a Form I-9 for each employee pursuant to section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); and (2) eliminating the process described in paragraph (1). SEC. 11. ALGORITHM. Section 404(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(d) Design and Operation of System.--E-Verify shall be designed and operated-- ``(1) to maximize its reliability and ease of use by employers; ``(2) to insulate and protect the privacy and security of the underlying information; ``(3) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; ``(4) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed; ``(5) to register any time when E-Verify is unable to receive inquiries; ``(6) to allow for auditing use of the system to detect fraud and identify theft; ``(7) to preserve the security of the information in all of the system by-- ``(A) developing and using algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents; ``(B) developing and using algorithms to detect misuse of the system by employers and employees; ``(C) developing capabilities to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; and ``(D) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees; ``(8) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including-- ``(A) records maintained by the Social Security Administration; ``(B) birth and death records maintained by vital statistics agencies of any State or other jurisdiction in the United States; ``(C) passport and visa records (including photographs) maintained by the Department of State; and ``(D) State driver's license or identity card information (including photographs) maintained by State department of motor vehicles; ``(9) to electronically confirm the issuance of the employment authorization or identity document; and ``(10) to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee or, in exceptional cases, if a photograph is not available from the issuer, to provide for a temporary alternative procedure, specified by the Secretary, for confirming the authenticity of the document.''. SEC. 12. IDENTITY THEFT. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. SEC. 13. SMALL BUSINESS DEMONSTRATION PROGRAM. Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Small Business Demonstration Program.--Not later than 9 months after the date of the enactment of the Accountability Through Electronic Verification Act, the Director of U.S. Citizenship and Immigration Services shall establish a demonstration program that assists small businesses in rural areas or areas without internet capabilities to verify the employment eligibility of newly hired employees solely through the use of publicly accessible internet terminals.''. SEC. 14. EMPLOYER COMPLIANCE INSPECTION CENTER. (a) Establishment.--There is established, within Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Employer Compliance Inspection Center (referred to in this section as the ``Center''). (b) Purposes.--The establishment of the Center is intended-- (1) to create a culture of compliance for all United States businesses by imposing more effective, efficient, and standardized consequences, including civil and criminal penalties, on employers who fail to comply with the employment eligibility verification requirements; and (2) to consolidate worksite enforcement audits at a centralized location to ensure a standardized process and uniform application of the fine matrix. (c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (d) Response Time.--The Center shall respond as quickly as practicable to employer inquiries based on the facts and circumstances of the employer making the inquiry. (e) Task Force.--The Center shall establish a task force, utilizing existing information sharing agreements with other Federal agencies, including the Social Security Administration, U.S. Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations. <all>

Accountability Through Electronic Verification Act

A bill to expand the use of E-Verify to hold employers accountable, and for other purposes.

Accountability Through Electronic Verification Act

Sen. Grassley, Chuck

R

IA

This bill expands the E-Verify program by requiring all employers to use it and permanently reauthorizes the program. Currently, E-Verify use is voluntary for most employers, although some states mandate its use. All employers shall use E-Verify to confirm the identity and employment eligibility of all recruited, referred, or hired individuals, including current employees who were never verified under the program. Failure to use E-Verify shall create a rebuttable presumption that the employer is violating immigration law. U.S. Citizenship and Immigration Services shall generate weekly reports about individuals who have received a final nonconfirmation of employment eligibility. The Department of Homeland Security (DHS) shall use the report to enforce immigration laws. DHS shall establish a program to help certain small businesses verify employee eligibility. DHS shall also update E-Verify's design to help prevent and detect fraud and identity theft. The bill increases civil and criminal penalties for hiring unauthorized aliens. DHS shall debar repeat offenders and those criminally convicted from holding federal contracts, grants, or cooperative agreements. The Social Security Administration, Internal Revenue Service, Department of the Treasury, and DHS shall jointly establish a program to share information to help identify unauthorized aliens. The bill establishes the Employer Compliance Inspection Center within Homeland Security Investigations of U.S. Immigration and Customs Enforcement. The center's duties include processing I-9 employment eligibility verification forms and ensuring compliance with employment eligibility laws. DHS shall report to Congress on ways to simplify procedures relating to I-9 forms and on whether the I-9 process should be eliminated.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Mandatory use of E-Verify. Consequences of failure to participate. Preemption; liability. Reverification. Holding employers accountable. Information sharing. Form I-9 process. Algorithm. Identity theft. Small Business Demonstration Program. Sec. Employer Compliance Inspection Center. 2. 3. 1324a). 4. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 5. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. 7. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. 9. 10. 11. 12. 14. Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Mandatory use of E-Verify. Consequences of failure to participate. Holding employers accountable. Information sharing. Form I-9 process. Algorithm. Identity theft. Small Business Demonstration Program. Sec. Employer Compliance Inspection Center. 2. 3. 1324a). 4. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 5. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. 7. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. 9. 10.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Permanent reauthorization. Mandatory use of E-Verify. Consequences of failure to participate. Preemption; liability. Reverification. Holding employers accountable. Information sharing. Form I-9 process. Algorithm. Identity theft. Small Business Demonstration Program. Sec. Employer Compliance Inspection Center. 2. 3. ``(3) Designation of critical employers.--Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall-- ``(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; ``(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and ``(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.''. 1324a). 4. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 5. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. 7. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. 9. 10. 11. 12. 13. 14. Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Permanent reauthorization. Mandatory use of E-Verify. Consequences of failure to participate. Preemption; liability. Reverification. Holding employers accountable. Information sharing. Form I-9 process. Algorithm. Identity theft. Small Business Demonstration Program. Sec. Employer Compliance Inspection Center. 2. 3. ``(3) Designation of critical employers.--Not later than 7 days after the date of the enactment of this paragraph, the Secretary of Homeland Security shall-- ``(A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; ``(B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and ``(C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.''. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). 1324a). 4. (b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)-- (A) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (II) in clause (i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (III) in clause (ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; and (IV) in clause (iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (ii) by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 5. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. 7. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.-- ``(1) In general.--The Director of U.S. 9. 10. 11. 1324a note) is amended to read as follows: ``(d) Design and Operation of System.--E-Verify shall be designed and operated-- ``(1) to maximize its reliability and ease of use by employers; ``(2) to insulate and protect the privacy and security of the underlying information; ``(3) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; ``(4) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed; ``(5) to register any time when E-Verify is unable to receive inquiries; ``(6) to allow for auditing use of the system to detect fraud and identify theft; ``(7) to preserve the security of the information in all of the system by-- ``(A) developing and using algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents; ``(B) developing and using algorithms to detect misuse of the system by employers and employees; ``(C) developing capabilities to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; and ``(D) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees; ``(8) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including-- ``(A) records maintained by the Social Security Administration; ``(B) birth and death records maintained by vital statistics agencies of any State or other jurisdiction in the United States; ``(C) passport and visa records (including photographs) maintained by the Department of State; and ``(D) State driver's license or identity card information (including photographs) maintained by State department of motor vehicles; ``(9) to electronically confirm the issuance of the employment authorization or identity document; and ``(10) to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee or, in exceptional cases, if a photograph is not available from the issuer, to provide for a temporary alternative procedure, specified by the Secretary, for confirming the authenticity of the document.''. 12. 13. 14. (c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations.

To expand the use of E-Verify to hold employers accountable, and for other purposes. Mandatory use of E-Verify. Expanded use of E-Verify. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2015.''. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ''; and (2) in subparagraph (B), by striking ``, that conducts hiring in a State'' and all that follows and inserting ``shall participate in E-Verify by complying with the terms and conditions set forth in this section.''. ( c) All Employers.--Section 402 of such Act, as amended by this section, is further amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Mandatory Participation in E-Verify.-- ``(1) In general.--Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. ``(2) Use of contract labor.--Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). 1324a note), as redesignated by section 3(b)(1), is amended to read as follows: ``(5) Consequences of failure to participate.--If a person or other entity that is required to participate in E-Verify fails to comply with the requirements under this title with respect to an individual-- ``(A) such failure shall be treated as a violation of section 274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324a) with respect to such individual; and ``(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.''. ( b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. ``(D) Review.--Any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. ''; Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. ``(2) Liability.--A person or other entity that participates in E-Verify may not be held liable under any Federal, State, or local law for any employment-related action taken with respect to the wrongful termination of an individual in good faith reliance on information provided through E- Verify.''. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. ``(iii) Existing employees.--Not later than 1 year after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.''. HOLDING EMPLOYERS ACCOUNTABLE. ( 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( ``(2) Use of weekly report.--The Secretary of Homeland Security shall use information provided under paragraph (1) to enforce compliance of the United States immigration laws.''. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)), including no- match letters and any information in the earnings suspense file. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. SMALL BUSINESS DEMONSTRATION PROGRAM. (a) Establishment.--There is established, within Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Employer Compliance Inspection Center (referred to in this section as the ``Center''). ( c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. ( Citizenship and Immigration Services, the Department of Labor, and the Internal Revenue Service, to serve as a force multiplier to proactively investigate crimes, including Social Security fraud, tax fraud, and wage and hour violations.

To expand the use of E-Verify to hold employers accountable, and for other purposes. Permanent reauthorization. Mandatory use of E-Verify. a) Federal Government.--Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ''; (b) Federal Contractors; Critical Employers.--Section 402(e) of such Act, as amended by subsection (a), is further amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) United states contractors.--Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. c) All Employers.--Section 402 of such Act, as amended by this section, is further amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Mandatory Participation in E-Verify.-- ``(1) In general.--Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of this subsection. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). b) Penalties.--Section 274A of the Immigration and Nationality Act (8 U.S.C. ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended to read as follows: ``(A) In general.-- ``(i) Before hiring.--The person or other entity may verify the employment eligibility of an individual through E-Verify before the individual is hired, recruited, or referred if the individual consents to such verification. HOLDING EMPLOYERS ACCOUNTABLE. ( ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( ``(2) Use of weekly report.--The Secretary of Homeland Security shall use information provided under paragraph (1) to enforce compliance of the United States immigration laws.''. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)), including no- match letters and any information in the earnings suspense file. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. a) Establishment.--There is established, within Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Employer Compliance Inspection Center (referred to in this section as the ``Center''). ( (c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. ( d) Response Time.--The Center shall respond as quickly as practicable to employer inquiries based on the facts and circumstances of the employer making the inquiry. (

To expand the use of E-Verify to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)), including no- match letters and any information in the earnings suspense file. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify to hold employers accountable, and for other purposes. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ''; ``(2) Use of contract labor.--Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). 1324a) with respect to such individual; and ``(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.''. ( ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. ``(iii) Existing employees.--Not later than 1 year after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.''. ( 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)), including no- match letters and any information in the earnings suspense file. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify to hold employers accountable, and for other purposes. 1324a note) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Executive departments and agencies.--Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. ''; ``(2) Use of contract labor.--Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). 1324a) with respect to such individual; and ``(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A) of such Act.''. ( ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. ``(iii) Existing employees.--Not later than 1 year after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary shall require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through E-Verify.''. ( 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7), by striking ``of another person'' and inserting ``that is not his or her own''; and (2) in subsection (b)(3)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) to facilitate or assist in harboring or hiring unauthorized workers in violation of section 274, 274A, or 274C of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a, and 1324c).''. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ``(11) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, the Secretary of Homeland Security shall debar such person or entity from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. Section 402 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended by this Act, is further amended by adding at the end the following: ``(h) Limitation on State Authority.-- ``(1) Preemption.--A State or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through E- Verify. Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security, the Commissioner of Internal Revenue, the Secretary of Homeland Security, and the Secretary of the Treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)), including no- match letters and any information in the earnings suspense file. c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ( ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

To expand the use of E-Verify to hold employers accountable, and for other purposes. ``(3) Interim mandatory participation.-- ``(A) In general.--Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). ( ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security debars a person or entity in accordance with this paragraph, and such person or entity does not hold a Federal contract, grant, or cooperative agreement, the Administrator of General Services shall include the person or entity on the List of Parties Excluded from Federal Procurement for 5 years. 1324a note) is amended to read as follows: ``(C) Consequences of nonconfirmation.-- ``(i) Termination and notification.--If the person or other entity receives a final nonconfirmation regarding an individual, the employer shall immediately-- ``(I) terminate the employment, recruitment, or referral of the individual; and ``(II) submit to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering United States immigration laws. ``(ii) Consequence of continued employment.--If the person or other entity continues to employ, recruit, or refer the individual after receiving final nonconfirmation, a rebuttable presumption is created that the employer has violated section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. ( c) Duties.--The Center shall-- (1) carry out duties related to the processing of the Employment Eligibility Verification Form I-9, including audits, and related worksite enforcement investigations; (2) ensure that all United States businesses adhere to existing laws and regulations regarding employment eligibility; and (3) carry out such additional duties as may be assigned or delegated by the Director of U.S. Immigration and Customs Enforcement. (

Accountability Through Electronic Verification Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Department of Homeland Security (DHS) to: (1) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; (2) designate and publish a list of such employers and classes of employers; Amends the Federal Acquisition Regulation to: (1) increase from $250 to $2,500 the fine for engaging in a pattern or practice in which an alien engages in unauthorized employment, recruitment, or referral; and (2) prohibit the use of the employment eligibility verification system to determine whether an alien is eligible for employment or recruitment. (Currently, such a violation is treated as Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary of Homeland Security (DHS) to require all employers to use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer. Requires each person or other entity participating in E-verify to use the system to reverify the work authorization of Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Director of U.S. Citizenship and Immigration Services (CIS) to establish a demonstration program that assists small businesses in rural areas or areas without internet capabilities to verify the employment eligibility of newly hired employees solely through the use of publicly accessible internet terminals. Amends the Immigration and Nationality Act to

S.187

Health

Pandemic Emergency Manufacturing Act of 2021 This bill establishes within the Department of Health and Human Services (HHS) an Emergency Office of Manufacturing for Public Health to manufacture and distribute medical products to address COVID-19 (i.e., coronavirus disease 2019) or medical products that are on shortage or vulnerable to shortage. The office must (1) obtain the rights to manufacture the applicable medicines, ingredients, diagnostic tests, medical devices, personal protective equipment, and supplies; (2) manufacture or contract to manufacture such items; and (3) construct, or enter into construction contracts for, facilities to manufacture certain medicines, such as vaccines. HHS may issue involuntary licenses allowing the office to make, use, sell, import, or export an invention related to an applicable drug, biological product, or device and to use clinical trial data and confidential information. Such a license must provide the rights holder with reasonable compensation. The office must (1) provide such COVID-19 products at no cost to federal, state, local, and other health programs and certain domestic health care providers and suppliers; (2) offer COVID-19 products at cost to other commercial and international entities; and (3) offer other medical products to entities at a fair price, based on cost and other considerations. The office shall prioritize the manufacture of certain COVID-19 products and meet manufacturing timelines specified in the bill.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pandemic Emergency Manufacturing Act of 2021''. SEC. 2. PUBLIC MANUFACTURING OF PHARMACEUTICALS. Part A of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``SEC. 310B. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(a) Emergency Office of Manufacturing for Public Health.-- ``(1) Establishment.--There is established within the Department of Health and Human Services an office to be known as the Emergency Office of Manufacturing for Public Health (referred to in this section as the `Office'). ``(2) Purpose.--The purposes of the Office are-- ``(A) to ensure an adequate supply of, and increase access to, prescription drugs, biological products, devices, and other supplies, including personal protective equipment, necessary to, as appropriate, diagnose, mitigate, prevent, or treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause for the strategic national stockpile under section 319F-2, Federal, State, local, and Native health programs, and the commercial market; ``(B) to address shortages in the strategic national stockpile and commercial market of prescription drugs, biological products, devices, and personal protective equipment used to treat conditions other than COVID-19; and ``(C) to provide prescription drugs, biological products, devices, and personal protective equipment necessary to diagnose, mitigate, prevent, and treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause, to Federal, State, local, and Native health programs, at no cost, and to consumers in the commercial market and other international entities at cost. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(iii) Compensation.--The Director shall be compensated at the rate prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(B) Employees.--The Director of the Office, in consultation with the Secretary, may fix the number of, and appoint and direct, all employees of the Office. ``(C) Banned individuals.-- ``(i) Drug company lobbyists.--No former registered drug manufacturer lobbyist-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the date on which the registered lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 or the agent terminates its status, as applicable. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(4) Duties.-- ``(A) In general.--The Office shall-- ``(i) prepare and submit applications for approval to the Food and Drug Administration, or enter into contracts for such submission, for the manufacture of applicable COVID-19 products and other applicable drugs, biological products, and devices when authorized under this section; ``(ii) obtain rights to manufacture applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section; ``(iii) manufacture, or enter into contracts with entities to manufacture, applicable COVID-19 products and other applicable drugs, biological products, and devices as authorized under this section; ``(iv) determine a fair price for each applicable drug, biological product, and device, in accordance with subparagraph (B)(ii); ``(v) sell manufactured applicable drugs, biological products, and devices at a fair price, as authorized under this section; ``(vi) provide, at no cost, applicable COVID-19 products to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, as determined by the Secretary; ``(vii) sell, at-cost, applicable COVID-19 products to other commercial entities and international entities, in accordance with subparagraph (B)(i); and ``(viii) manufacture, or enter into contracts with entities to manufacture, active pharmaceutical ingredients for use by the Office or for sale to other entities. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(ii) Fair price.--In determining a fair price for an applicable drug, biological product, or device under subparagraph (A)(iv) the Office shall consider-- ``(I) the impact of price on patient access to the applicable drug, biological product, or device; ``(II) the cost of the applicable drug, biological product, or device to Federal or State health care programs; ``(III) the cost to the Federal Government of manufacturing the applicable drug, biological product, or device; ``(IV) the administrative costs of operating the Office; ``(V) the cost to acquire or manufacture the applicable drug, biological product, or device under this section; and ``(VI) the impact of price on market competition for the applicable drug, biological product, or device. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. ``(ii) Licensing authority.-- ``(I) In general.--Notwithstanding any other provision of law, the Secretary may issue licenses, as useful for fulfilling the duties under this Act, allowing the Office to practice or have practiced (which may include licensure of retroactive practice) any invention in the United States or territories of the United States, including making, using, offering to sell or selling, importing, or exporting such invention, to reference or rely upon clinical trial data submitted to a regulatory authority or the grant of marketing approval, and to access and use otherwise confidential information, including know-how, related to the manufacture of an applicable COVID-19 product or applicable drug, biological product, or device. ``(II) Non-voluntary licensing.-- For any license that involves a non- voluntary authorization to use patented inventions, regulatory test data, data, know-how or other intellectual property rights, the license shall provide for reasonable remuneration to rights holders such as a reasonable royalty on the sales of product, a 1-time payment, or some combination, provided that the combined royalty payments to all rights holders shall not exceed the percentage of sales that is the average percent of all royalty payments reported to the Internal Revenue Service by companies in the pharmaceutical and medicines sector, North American Industry Classification System code 325410, provided that when products are distributed for free, the royalty shall be based upon the cost of goods. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(iv) Protected information.--In carrying out this section, the Secretary shall enforce applicable law concerning the protection of confidential commercial information and trade secrets. ``(D) Active pharmaceutical ingredients.-- ``(i) In general.--The Office shall manufacture, or enter into contracts with entities to manufacture, an active pharmaceutical ingredient applicable to a drug or biological product that is either an applicable COVID-19 product or an applicable drug or biological product if-- ``(I) the Office determines that such ingredient is not readily available from existing suppliers or the existing supply of such ingredient to the domestic market is vulnerable to disruption; ``(II) the manufacture of such ingredient would improve the ability of other entities to enter the market for the manufacture of applicable COVID-19 products or applicable drugs, biological products, or devices, or otherwise expand the manufacture of applicable COVID-19 products or applicable drugs, biological products, or devices; or ``(III) the manufacture of such ingredient is necessary for the Office to carry out its duties under this section. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(b) Manufacturing of Products.-- ``(1) In general.--As soon as practicable after the date of enactment of this section, but no later than 1 month after such date of enactment, the Office shall begin-- ``(A) manufacturing, or entering into contracts with entities for the manufacture of applicable COVID- 19 products and applicable drugs, biological products, and devices, prioritizing drugs, biological products, devices or personal protective equipment the manufacture of which would provide the greatest public health impact; and ``(B) constructing, or entering into contracts to construct, manufacturing facilities, including the construction of advanced manufacturing technology, RNA vaccines, DNA vaccines, recombinant protein vaccines, and other therapeutics, viral vector-based vaccines, live attenuated vaccines, inactivated vaccines, or other therapeutics, after clinical data relating to such products have demonstrated strong positive indications of safety and efficacy, to ensure immediate production at-scale upon Federal approval. ``(2) Submission of applications.--For each applicable COVID-19 product, and for each applicable drug, biological product, or device that the Office determines should be manufactured, as provided for under this section, the Secretary shall-- ``(A) submit an application under section 505(b), 505(j), or 515 of the Federal Food, Drug, and Cosmetic Act or section 351(a) or 351(k) of this Act or submit a notification under section 510(k) of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit such an application or notification); ``(B) request an emergency use authorization of the product under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) (or enter into a contract with another entity to submit an application for such use); or ``(C) obtain from the holder of an application approved under subsection (c) or (j) of section 505 or section 515 of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of the Public Health Service Act, or cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act, rights to manufacture such applicable drug. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(C) COVID-19 treatment drugs.--As soon as practicable after the date of enactment of this section, the Secretary shall begin the public manufacturing of drugs and biological products in shortage, and any devices used to administer such drugs and biological products, that are used for treatment of severe COVID-19 cases, including albuterol, drugs used to intubate patients, antibiotics, and antivirals, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(4) Priority manufacturing.--The Office shall prioritize the manufacturing of applicable COVID-19 products and applicable drugs, biological products, and devices that would have the greatest impact on-- ``(A) diagnosing, mitigating, preventing, treating, or curing COVID-19; ``(B) limiting the harm the COVID-19 pandemic might otherwise cause to public health and the economy; ``(C) addressing shortages of drugs, biological, products, and devices; ``(D) reducing the cost of combating COVID-19 to Federal, State, local, and Native health programs; and ``(E) alleviating demographic disparities in COVID- 19 outcomes or access to diagnosis, mitigation, prevention, and treatment. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used for the activities of the Office. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. ``(d) Oversight of Contracts.--In the case of applicable COVID-19 products and applicable drugs, biological products, and devices manufactured via contracts, the Inspector General of the Department of Health and Human Services shall conduct a review of not fewer than 1 of every 3 contracts entered into under this section, and of the entities entering into such contracts, to ensure that the Office is issuing contracts under fair and reasonable terms and conditions, including facilitating the procurement by the Federal Government of applicable COVID-19 products and applicable drugs, biological products, and medical devices at fair and reasonable prices. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(e) Reports to Congress.--The Director shall prepare and submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, not later than 1 month after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021 and monthly thereafter until 3 months after the public health emergency declared by the Secretary under section 319 on January 31, 2020, with respect to COVID-19 has concluded, that includes-- ``(1) an assessment of the major supply chain challenges facing hospitals, medical providers, the Federal Government, State, local, and tribal governments, and the private sector in procuring drugs, biological products, devices, and personal protective equipment to combat and prevent the spread of COVID- 19; and ``(2) a description of the status of all drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which manufacturing has been authorized under this section, including drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment being manufactured, drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which the Office has submitted an application for approval or a notification for clearance or classification to the Food and Drug Administration but has not yet received approval, clearance, or classification, and drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which the Office has received approval, clearance, or classification from the Food and Drug Administration but are not being manufactured. ``(f) Definitions.--In this section: ``(1) Applicable drug, biological product, or device definition.--The term `applicable drug, biological product, or device' means a drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act), biological product (as defined in section 351(i) of the Public Health Service Act), combination product (as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act), or device (as defined in section 201(h) of the Federal Food Drug and Cosmetic Act) for which an approved application under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act, or clearance under section 510(k) of the Federal Food, Drug, and Cosmetic Act, is in effect, and-- ``(A) is included in the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act; or ``(B) is vulnerable to shortage. ``(2) Applicable covid-19 product definition.-- ``(A) In general.--The term `applicable COVID-19 product' means a product that is included on a list that the Secretary of Health and Human Services, in consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, and the Director of the Centers for Disease Control and Prevention, shall compile not later than 2 weeks after the date of enactment of this section and shall review and update, as necessary, every 2 weeks of-- ``(i) qualified pandemic or epidemic products, as defined under section 319F-3, that are-- ``(I)(aa) drugs, biological products, and devices that are manufactured, used, designed, developed, modified, licensed or procured-- ``(AA) to diagnose, mitigate, prevent, treat, or cure COVID-19; or ``(BB) to limit the harm the COVID-19 pandemic might otherwise cause; ``(bb) drugs, biological products, and devices that are manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate, prevent, treat, or cure a serious or life-threatening disease or condition caused by a product described in item (aa); or ``(cc) drugs, biological products, devices or technologies intended to enhance the use or effect of a drug, biological product, or device described in item (aa) or (bb); and ``(ii) personal protective equipment, including protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, used to protect people from COVID-19 infection. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(3) Native health program.--The term `Native health program' shall include-- ``(A) a program provided through the Indian Health Service; ``(B) any health program operated by-- ``(i) an Indian tribe, or Tribal organization, as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act; ``(ii) an inter-tribal consortium, as defined in section 501(a) of the Indian Self- Determination and Education Assistance Act; or ``(iii) an urban Indian organization, as defined in section 4 of the Indian Health Care Improvement Act; and ``(C) any health program provided through a Native Hawaiian health care system, as defined in section 12 of the Native Hawaiian Health Care Improvement Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. <all>

Pandemic Emergency Manufacturing Act of 2021

A bill to amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes.

Pandemic Emergency Manufacturing Act of 2021

Sen. Warren, Elizabeth

D

MA

This bill establishes within the Department of Health and Human Services (HHS) an Emergency Office of Manufacturing for Public Health to manufacture and distribute medical products to address COVID-19 (i.e., coronavirus disease 2019) or medical products that are on shortage or vulnerable to shortage. The office must (1) obtain the rights to manufacture the applicable medicines, ingredients, diagnostic tests, medical devices, personal protective equipment, and supplies; (2) manufacture or contract to manufacture such items; and (3) construct, or enter into construction contracts for, facilities to manufacture certain medicines, such as vaccines. HHS may issue involuntary licenses allowing the office to make, use, sell, import, or export an invention related to an applicable drug, biological product, or device and to use clinical trial data and confidential information. Such a license must provide the rights holder with reasonable compensation. The office must (1) provide such COVID-19 products at no cost to federal, state, local, and other health programs and certain domestic health care providers and suppliers; (2) offer COVID-19 products at cost to other commercial and international entities; and (3) offer other medical products to entities at a fair price, based on cost and other considerations. The office shall prioritize the manufacture of certain COVID-19 products and meet manufacturing timelines specified in the bill.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. 2. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. 2. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. SHORT TITLE. SEC. 2. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(ii) Licensing authority.-- ``(I) In general.--Notwithstanding any other provision of law, the Secretary may issue licenses, as useful for fulfilling the duties under this Act, allowing the Office to practice or have practiced (which may include licensure of retroactive practice) any invention in the United States or territories of the United States, including making, using, offering to sell or selling, importing, or exporting such invention, to reference or rely upon clinical trial data submitted to a regulatory authority or the grant of marketing approval, and to access and use otherwise confidential information, including know-how, related to the manufacture of an applicable COVID-19 product or applicable drug, biological product, or device. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used for the activities of the Office. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(f) Definitions.--In this section: ``(1) Applicable drug, biological product, or device definition.--The term `applicable drug, biological product, or device' means a drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act), biological product (as defined in section 351(i) of the Public Health Service Act), combination product (as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act), or device (as defined in section 201(h) of the Federal Food Drug and Cosmetic Act) for which an approved application under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act, or clearance under section 510(k) of the Federal Food, Drug, and Cosmetic Act, is in effect, and-- ``(A) is included in the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act; or ``(B) is vulnerable to shortage. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. SHORT TITLE. SEC. 2. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(2) Purpose.--The purposes of the Office are-- ``(A) to ensure an adequate supply of, and increase access to, prescription drugs, biological products, devices, and other supplies, including personal protective equipment, necessary to, as appropriate, diagnose, mitigate, prevent, or treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause for the strategic national stockpile under section 319F-2, Federal, State, local, and Native health programs, and the commercial market; ``(B) to address shortages in the strategic national stockpile and commercial market of prescription drugs, biological products, devices, and personal protective equipment used to treat conditions other than COVID-19; and ``(C) to provide prescription drugs, biological products, devices, and personal protective equipment necessary to diagnose, mitigate, prevent, and treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause, to Federal, State, local, and Native health programs, at no cost, and to consumers in the commercial market and other international entities at cost. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(ii) Licensing authority.-- ``(I) In general.--Notwithstanding any other provision of law, the Secretary may issue licenses, as useful for fulfilling the duties under this Act, allowing the Office to practice or have practiced (which may include licensure of retroactive practice) any invention in the United States or territories of the United States, including making, using, offering to sell or selling, importing, or exporting such invention, to reference or rely upon clinical trial data submitted to a regulatory authority or the grant of marketing approval, and to access and use otherwise confidential information, including know-how, related to the manufacture of an applicable COVID-19 product or applicable drug, biological product, or device. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used for the activities of the Office. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(f) Definitions.--In this section: ``(1) Applicable drug, biological product, or device definition.--The term `applicable drug, biological product, or device' means a drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act), biological product (as defined in section 351(i) of the Public Health Service Act), combination product (as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act), or device (as defined in section 201(h) of the Federal Food Drug and Cosmetic Act) for which an approved application under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act, or clearance under section 510(k) of the Federal Food, Drug, and Cosmetic Act, is in effect, and-- ``(A) is included in the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act; or ``(B) is vulnerable to shortage. ``(3) Native health program.--The term `Native health program' shall include-- ``(A) a program provided through the Indian Health Service; ``(B) any health program operated by-- ``(i) an Indian tribe, or Tribal organization, as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act; ``(ii) an inter-tribal consortium, as defined in section 501(a) of the Indian Self- Determination and Education Assistance Act; or ``(iii) an urban Indian organization, as defined in section 4 of the Indian Health Care Improvement Act; and ``(C) any health program provided through a Native Hawaiian health care system, as defined in section 12 of the Native Hawaiian Health Care Improvement Act. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(a) Emergency Office of Manufacturing for Public Health.-- ``(1) Establishment.--There is established within the Department of Health and Human Services an office to be known as the Emergency Office of Manufacturing for Public Health (referred to in this section as the `Office'). ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(a) Emergency Office of Manufacturing for Public Health.-- ``(1) Establishment.--There is established within the Department of Health and Human Services an office to be known as the Emergency Office of Manufacturing for Public Health (referred to in this section as the `Office'). ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act.

Pandemic Emergency Manufacturing Act of 2021 - Amends the Public Health Service Act to establish within the Department of Health and Human Services (HHS) the Emergency Office of Manufacturing for Public Health to ensure an adequate supply of, and increase access to, prescription drugs, biological products, devices, and other supplies, including personal protective equipment, necessary to diagnose, mitigate, prevent, or Directs the Secretary of Health and Human Services (HHS) to issue licenses allowing the Office to practice or have practiced any invention in the United States or territories, including making, using, offering to sell or selling, importing, or exporting such invention, to reference or rely upon clinical trial data submitted to a regulatory authority or the grant of marketing approval, and to access and use otherwise Directs the Secretary of Health and Human Services to: (1) begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of COVID-19 product; and (2) provide such equipment at no cost to federal, state, local, and Native health programs, and other domestic health care providers Directs the Director of the National Institute of Allergy and Infectious Diseases (NIAID) to prepare and submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the House of Representatives a report that includes: (1) an assessment of the major supply chain challenges facing hospitals, medical providers, the federal government,

S.2911

Science, Technology, Communications

American Broadband Buildout to Eliminate America's Digital Divide Act of 2021 This bill requires the Federal Communications Commission to establish a program to provide funding to states for expanding access to broadband service in unserved areas. States must distribute these funds to certain broadband service providers for projects that offer a low-cost broadband service option for low-income subscribers. The bill also provides funding to carry out this program.

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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Broadband Buildout to Eliminate America's Digital Divide Act of 2021''. SEC. 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: ``SEC. 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. <all>

American Broadband Buildout to Eliminate America’s Digital Divide Act of 2021

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.

American Broadband Buildout to Eliminate America’s Digital Divide Act of 2021

Sen. Cornyn, John

R

TX

This bill requires the Federal Communications Commission to establish a program to provide funding to states for expanding access to broadband service in unserved areas. States must distribute these funds to certain broadband service providers for projects that offer a low-cost broadband service option for low-income subscribers. The bill also provides funding to carry out this program.

SHORT TITLE. This Act may be cited as the ``American Broadband Buildout to Eliminate America's Digital Divide Act of 2021''. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS. ), by adding at the end the following: ``SEC. 14. EXPANSION AND ADOPTION OF BROADBAND SERVICE THROUGH STATE FUNDING. ``(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) 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. ``(B) Multiply the quotient obtained under subparagraph (A) of this paragraph by the amount described in paragraph (1)(A)(ii). ``(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). 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. ``(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. ``(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. ''; and (2) in section 802(c) (47 U.S.C. (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.

SHORT TITLE. This Act may be cited as the ``American Broadband Buildout to Eliminate America's Digital Divide Act of 2021''. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS. ), by adding at the end the following: ``SEC. 14. EXPANSION AND ADOPTION OF BROADBAND SERVICE THROUGH STATE FUNDING. ``(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. ``(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. ``(B) Multiply the quotient obtained under subparagraph (A) of this paragraph by the amount described in paragraph (1)(A)(ii). ``(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). 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. ``(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. ``(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. ''; and (2) in section 802(c) (47 U.S.C.

SHORT TITLE. This Act may be cited as the ``American Broadband Buildout to Eliminate America's Digital Divide Act of 2021''. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS. 151 et seq.) ), by adding at the end the following: ``SEC. 14. EXPANSION AND ADOPTION OF BROADBAND SERVICE THROUGH STATE FUNDING. ``(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) 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. ``(B) Multiply the quotient obtained under subparagraph (A) of this paragraph by the amount described in paragraph (1)(A)(ii). ``(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). 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. ``(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. ``(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. (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.

SHORT TITLE. This Act may be cited as the ``American Broadband Buildout to Eliminate America's Digital Divide Act of 2021''. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS. 151 et seq.) ), by adding at the end the following: ``SEC. 14. EXPANSION AND ADOPTION OF BROADBAND SERVICE THROUGH STATE FUNDING. ``(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) 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. ``(B) Multiply the quotient obtained under subparagraph (A) of this paragraph by the amount described in paragraph (1)(A)(ii). ``(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). 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. ``(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. ``(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. (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.

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. ``(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. ``(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). ``(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. ``(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. ``(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). ``(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. 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. 1182); ``(dd) the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. ``(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. ``(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. (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.

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. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS. ( ``(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. ``(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. ``(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. ``(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. ``(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. 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. 1182); ``(dd) the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. ``(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. ``(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. ''; 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.

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. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS. ( ``(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. ``(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. ``(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. ``(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. ``(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. 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. 1182); ``(dd) the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. ``(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. ``(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. ''; 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.

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. ``(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. ``(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). ``(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. ``(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. ``(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). ``(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. 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. 1182); ``(dd) the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. ``(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. ``(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. (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.

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. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS. ( ``(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. ``(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. ``(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. ``(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. ``(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. 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. 1182); ``(dd) the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. ``(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. ``(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. ''; 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.

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. ``(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. ``(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). ``(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. ``(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. ``(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). ``(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. 178); ``(bb) the CARES Act (Public Law 116-136; 134 Stat. 1182); ``(dd) the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. ``(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. ``(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. (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.

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. ``(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. ``(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. ``(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. '';

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. ``(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. ``(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. ``(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. (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.

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. ``(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. ``(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. ``(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. '';

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. ``(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. ``(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. ``(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. (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.

American Broadband Buildout to Eliminate America's Digital Divide Act of 2021 This bill amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to establish a program for states to expand access to broadband service in unserved areas. The FCC shall provide technical support to States to facilitate the establishment of such programs. The bill also directs the FCC to establish an advisory Requires a state seeking funding under the program to create a program that: (1) implements the requirements of this Act; (2) does not favor the use of any particular technology; or (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 the size and scope of Directs a state that has established a program to receive a distribution under this Act to: (1) make awards to eligible entities through the program established by the state; and (2) consult the maps created under the Act to create a list of areas within the state that are unserved areas, which the state shall make publicly available, and remove any areas in the state Requires a project to adhere to the same quality-of-service standards established by the Federal Communications Commission (FCC) with respect to the Rural Digital Opportunity Fund (RDF) and to provide reliable broadband service at a speed of not less than 100 megabits per second for downloads and 20 megabit per second (Mbps) for uploads. Requires the project to: (1

S.1876

Finance and Financial Sector

Climate Change Financial Risk Act of 2021 This bill addresses climate change risk and its potential impact on the financial system. The Federal Reserve Board must develop financial risk analyses relating to climate change for specified large nonbank financial companies and bank holding companies. Specifically, these entities will be evaluated every two years on whether they have the capital necessary to absorb financial losses that would arise under several different climate change risk scenarios. The bill also establishes the Climate Risk Scenario Technical Development Group to provide recommendations to the board regarding such climate change risk scenarios, and determine the financial and economic risks of these scenarios. The Financial Stability Oversight Council of the Department of the Treasury must establish a committee to assist it in identifying risks and responding to threats to the financial system as a result of climate change.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Financial Risk Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) if current trends continue, average global temperatures are likely to reach 1.5 degrees Celsius above pre-industrial levels between 2030 and 2050; (2) global temperature rise has already resulted in an increased number of heavy rainstorms, coastal flooding events, heat waves, wildfires, and other extreme events; (3) since 1980-- (A) the number of extreme weather events per year that cost the people of the United States more than $1,000,000,000 per event, accounting for inflation, has increased significantly; and (B) the total cost of extreme weather events in the United States has exceeded $1,875,000,000,000; (4) as physical impacts from climate change are manifested across multiple sectors of the economy of the United States-- (A) climate-related economic risks will continue to increase; (B) climate-related extreme weather events will disrupt energy and transportation systems in the United States, which will result in more frequent and longer- lasting power outages, fuel shortages, and service disruptions in critical sectors across the economy of the United States; (C) projected increases in extreme heat conditions will lead to decreases in labor productivity in agriculture, construction, and other critical economic sectors; (D) food and livestock production will be impacted in regions that experience increases in heat and drought and small rural communities will struggle to find the resources needed to adapt to those changes; and (E) sea level rise and more frequent and intense extreme weather events will-- (i) increasingly disrupt and damage private property and critical infrastructure; and (ii) drastically increase insured and uninsured losses; (5) advances in energy efficiency and renewable energy technologies, as well as climate policies and shifting societal preferences, will-- (A) reduce global demand for fossil fuels; and (B) expose transition risks for fossil fuel companies and investors, and for companies and investors in other energy-intensive industries, which could include trillions of dollars of stranded assets around the world; (6) climate change poses uniquely far-reaching risks to the financial services industry, including with respect to credit, counterparty, and market risks, due to the number of sectors and locations impacted and the potentially irreversible scale of damage; (7) financial institutions must take a consistent approach to assessing climate-related financial risks and incorporating those risks into existing risk management practices, which should be informed by scenario analysis; (8) the Board of Governors conducts annual assessments of the capital adequacy and capital planning practices of the largest and most complex banking organizations (referred to in this section as ``stress tests'') in order to promote a safe, sound, and efficient banking and financial system; (9) as of the date of enactment of this Act, the stress tests conducted by the Board of Governors are not designed to reflect the physical risks or transition risks posed by climate change; (10) the Board of Governors-- (A) has the authority to take into account the potentially systemic impact of climate-related risks on the financial system; and (B) should develop new analytical tools with longer time horizons to accurately assess and manage the risks described in subparagraph (A); and (11) the Climate-Related Market Risk Subcommittee of the Commodity Futures Trading Commission has identified the importance of researching ``climate-related `sub-systemic' shocks to financial markets and institutions in particular sectors and regions of the United States''. SEC. 3. DEFINITIONS. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. (4) Covered entity.--The term ``covered entity'' means-- (A) a nonbank financial company or bank holding company that has not less than $250,000,000,000 in total consolidated assets; and (B) a nonbank financial company or bank holding company-- (i) that has not less than $100,000,000,000 in total consolidated assets; and (ii) with respect to which the Board of Governors determines the application of subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. (5) Nonbank financial company.--The term ``nonbank financial company'' has the meaning given the term in section 102(a)(4)(C) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)(4)(C)). (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (8) Technical development group.--The term ``Technical Development Group'' means the Climate Risk Scenario Technical Development Group established under section 4. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). SEC. 4. CLIMATE RISK SCENARIO TECHNICAL DEVELOPMENT GROUP. (a) Establishment.--The Board of Governors shall establish a technical advisory group to be known as the Climate Risk Scenario Technical Development Group. (b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. (c) Duties.--The Technical Development Group shall-- (1) provide recommendations to the Board of Governors regarding the development of, and updates to, the climate change risk scenarios under section 5; (2) after the establishment of the climate change risk scenarios under section 5, determine the financial and economic risks resulting from those scenarios; (3) make any final work product and any data sets or other inputs used in the development of the final work product, publicly available; and (4) provide technical assistance to covered entities in assessing physical risks or transition risks. (d) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Technical Development Group. SEC. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. (B) One scenario that assumes an average increase in global temperatures of 2 degrees Celsius above pre- industrial levels. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. (3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. (b) Considerations.--In developing and updating each of the 3 scenarios required under subsection (a), the Board of Governors, in coordination with the climate science leads, shall account for physical risks and transition risks that may disrupt business operations across the global economy, including through-- (1) disruptions with respect to-- (A) the sourcing of materials; (B) production; and (C) the disposal of products and services; (2) changes in the availability and prices of raw materials and other inputs; (3) changes in agricultural production and with respect to food security; (4) direct damages to fixed assets; (5) increases in costs associated with insured or uninsured losses; (6) changes in asset values; (7) impacts on-- (A) aggregate demand for products and services; (B) labor productivity; (C) asset liquidity; and (D) credit availability; (8) mass migration and increases in disease and mortality rates; (9) international conflict, as such conflict relates to global economic activity and output; and (10) changes in any other microeconomic or macroeconomic condition that the Board of Governors, in coordination with the climate science leads, determines to be relevant. SEC. 6. CLIMATE-RELATED ENHANCED SUPERVISION FOR CERTAIN NONBANK FINANCIAL COMPANIES AND BANK HOLDING COMPANIES. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)) is amended-- (1) in subparagraph (B)(i), by inserting ``except as provided in subparagraph (C)(ii)(I),'' before ``shall provide''; and (2) by adding at the end the following: ``(C) Biennial tests required.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `capital distribution' has the meaning given the term in section 225.8(d)(4) of title 12, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph; ``(II) the term `capital policy' has the meaning given the term in section 225.8(d)(7) of title 12, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph; and ``(III) the terms `climate science leads' and `covered entity' have the meanings given those terms in section 3 of the Climate Change Financial Risk Act of 2021. ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ``(cc) Rejection.--Except as provided in subclause (II)(aa), the Board of Governors may object to a climate risk remediation plan submitted by a covered entity under item (aa) if the Board of Governors determines that-- ``(AA) the covered entity has not demonstrated a reasonable plan to maintain capital above each minimum regulatory capital ratio on a pro forma basis under the adverse set of conditions described in subclause (I); ``(BB) the climate risk remediation plan is otherwise not reasonable or appropriate; ``(CC) the assumptions and analysis underlying the climate risk remediation plan, or the methodologies and practices that support the climate risk remediation plan, are not reasonable or appropriate; or ``(DD) the climate risk remediation plan otherwise constitutes an unsafe or unsound practice. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SEC. 7. SUB-SYSTEMIC EXPLORATORY SURVEY. (a) Development of Survey.--The Board of Governors, in consultation with the Comptroller of the Currency and the Board of Directors of the Federal Deposit Insurance Corporation, shall develop an exploratory survey to assess-- (1) the ability of surveyed entities, including agricultural banks, community banks, and other financial institutions with a significant concentration of business activities in certain geographical areas or industries, to withstand each climate risk scenario developed under section 5; and (2) how surveyed entities plan to make adaptations to the business models and capital planning of those entities in response to the risks presented in each climate change risk scenario developed under section 5. (b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). (B) Subsequent report.--Not later than 180 days after the date on which each survey administered under subparagraph (A) is completed, the Board of Governors shall publicly release a report that summarizes the results of the survey, which shall include the analysis described in paragraph (1)(B)(ii). (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. (2) Rule of construction.--Nothing in paragraph (1)(A) may be construed to preclude the Board of Governors from pursuing an enforcement action against a surveyed entity because of a violation discovered by the Board of Governors during an examination of the surveyed entity that is independent of a survey administered under this section. SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL. (a) In General.--The Financial Stability Oversight Council shall establish a committee of the Council that shall support the Council in identifying risks to, and in responding to emerging threats to, the stability of the United States financial system as a result of climate change. (b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate. <all>

Climate Change Financial Risk Act of 2021

A bill to require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes.

Climate Change Financial Risk Act of 2021

Sen. Schatz, Brian

D

HI

This bill addresses climate change risk and its potential impact on the financial system. The Federal Reserve Board must develop financial risk analyses relating to climate change for specified large nonbank financial companies and bank holding companies. Specifically, these entities will be evaluated every two years on whether they have the capital necessary to absorb financial losses that would arise under several different climate change risk scenarios. The bill also establishes the Climate Risk Scenario Technical Development Group to provide recommendations to the board regarding such climate change risk scenarios, and determine the financial and economic risks of these scenarios. The Financial Stability Oversight Council of the Department of the Treasury must establish a committee to assist it in identifying risks and responding to threats to the financial system as a result of climate change.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL.

SENSE OF CONGRESS. 3. (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. SEC. 8.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). 4. App.) shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL. (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). ( 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( 7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (8) Technical development group.--The term ``Technical Development Group'' means the Climate Risk Scenario Technical Development Group established under section 4. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. ( (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. ( CLIMATE-RELATED ENHANCED SUPERVISION FOR CERTAIN NONBANK FINANCIAL COMPANIES AND BANK HOLDING COMPANIES. ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. ( b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( 2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). ( 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. ( b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( 2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( ( ( ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ( B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. (

Climate Change Financial Risk Act of 2021 This bill expresses the sense of Congress that: (1) if current trends continue, average global temperatures are likely to reach 1.5 degrees Celsius above pre-industrial levels between 2030 and 2050; (2) global temperature rise has already resulted in an increased number of heavy rainstorms, coastal flooding events, heat waves, wildfires, and other extreme events Directs the Board of Governors to establish a Climate Risk Scenario Technical Development Group to: (1) provide recommendations to the Board regarding the development of, and updates to, the climate change risk scenarios; (2) determine the financial and economic risks resulting from those scenarios; and (3) make any final work product and any data sets or other inputs used in the development publicly available Amends the Financial Stability Act of 2010 to require the Board of Governors of the Federal Reserve System to: (1) account for physical risks and transition risks that may disrupt business operations across the global economy; (2) conduct biennial analyses of whether a nonbank financial company or bank holding company has the capital necessary to absorb financial losses that would arise under each climate change risk scenario developed Directs the Board of Governors of the Federal Reserve System to administer a survey developed under the Financial Stability Act of 2010 (FSAA) to each surveyed entity to assess the responses to the survey and publicly release a report that summarizes the results. (Sec. 8) Requires the Board to: (1) administer the survey to each entity on a biennial basis; and (

H.R.3571

Finance and Financial Sector

Climate Change Financial Risk Act of 2021 This bill addresses climate change risk and its potential impact on the financial system. The Federal Reserve Board must develop financial risk analyses relating to climate change for specified large nonbank financial companies and bank holding companies. Specifically, these entities will be evaluated every two years on whether they have the capital necessary to absorb financial losses that would arise under several different climate change risk scenarios. The bill also establishes the Climate Risk Scenario Technical Development Group to provide recommendations to the board regarding such climate change risk scenarios, and determine the financial and economic risks of these scenarios. The Financial Stability Oversight Council of the Department of the Treasury must establish a committee to assist it in identifying risks and responding to threats to the financial system as a result of climate change.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Financial Risk Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) if current trends continue, average global temperatures are likely to reach 1.5 degrees Celsius above pre-industrial levels between 2030 and 2050; (2) global temperature rise has already resulted in an increased number of heavy rainstorms, coastal flooding events, heat waves, wildfires, and other extreme events; (3) since 1980-- (A) the number of extreme weather events per year that cost the people of the United States more than $1,000,000,000 per event, accounting for inflation, has increased significantly; and (B) the total cost of extreme weather events in the United States has exceeded $1,875,000,000,000; (4) as physical impacts from climate change are manifested across multiple sectors of the economy of the United States-- (A) climate-related economic risks will continue to increase; (B) climate-related extreme weather events will disrupt energy and transportation systems in the United States, which will result in more frequent and longer- lasting power outages, fuel shortages, and service disruptions in critical sectors across the economy of the United States; (C) projected increases in extreme heat conditions will lead to decreases in labor productivity in agriculture, construction, and other critical economic sectors; (D) food and livestock production will be impacted in regions that experience increases in heat and drought and small rural communities will struggle to find the resources needed to adapt to those changes; and (E) sea level rise and more frequent and intense extreme weather events will-- (i) increasingly disrupt and damage private property and critical infrastructure; and (ii) drastically increase insured and uninsured losses; (5) advances in energy efficiency and renewable energy technologies, as well as climate policies and shifting societal preferences, will-- (A) reduce global demand for fossil fuels; and (B) expose transition risks for fossil fuel companies and investors, and for companies and investors in other energy-intensive industries, which could include trillions of dollars of stranded assets around the world; (6) climate change poses uniquely far-reaching risks to the financial services industry, including with respect to credit, counterparty, and market risks, due to the number of sectors and locations impacted and the potentially irreversible scale of damage; (7) financial institutions must take a consistent approach to assessing climate-related financial risks and incorporating those risks into existing risk management practices, which should be informed by scenario analysis; (8) the Board of Governors conducts annual assessments of the capital adequacy and capital planning practices of the largest and most complex banking organizations (referred to in this section as ``stress tests'') in order to promote a safe, sound, and efficient banking and financial system; (9) as of the date of enactment of this Act, the stress tests conducted by the Board of Governors are not designed to reflect the physical risks or transition risks posed by climate change; (10) the Board of Governors-- (A) has the authority to take into account the potentially systemic impact of climate-related risks on the financial system; and (B) should develop new analytical tools with longer time horizons to accurately assess and manage the risks described in subparagraph (A); and (11) the Climate-Related Market Risk Subcommittee of the Commodity Futures Trading Commission has identified the importance of researching ``climate-related `sub-systemic' shocks to financial markets and institutions in particular sectors and regions of the United States''. SEC. 3. DEFINITIONS. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. (4) Covered entity.--The term ``covered entity'' means-- (A) a nonbank financial company or bank holding company that has not less than $250,000,000,000 in total consolidated assets; and (B) a nonbank financial company or bank holding company-- (i) that has not less than $100,000,000,000 in total consolidated assets; and (ii) with respect to which the Board of Governors determines the application of subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. (5) Nonbank financial company.--The term ``nonbank financial company'' has the meaning given the term in section 102(a)(4)(C) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)(4)(C)). (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (8) Technical development group.--The term ``Technical Development Group'' means the Climate Risk Scenario Technical Development Group established under section 4. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). SEC. 4. CLIMATE RISK SCENARIO TECHNICAL DEVELOPMENT GROUP. (a) Establishment.--The Board of Governors shall establish a technical advisory group to be known as the Climate Risk Scenario Technical Development Group. (b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. (c) Duties.--The Technical Development Group shall-- (1) provide recommendations to the Board of Governors regarding the development of, and updates to, the climate change risk scenarios under section 5; (2) after the establishment of the climate change risk scenarios under section 5, determine the financial and economic risks resulting from those scenarios; (3) make any final work product and any data sets or other inputs used in the development of the final work product, publicly available; and (4) provide technical assistance to covered entities in assessing physical risks or transition risks. (d) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Technical Development Group. SEC. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. (B) One scenario that assumes an average increase in global temperatures of 2 degrees Celsius above pre- industrial levels. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. (3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. (b) Considerations.--In developing and updating each of the 3 scenarios required under subsection (a), the Board of Governors, in coordination with the climate science leads, shall account for physical risks and transition risks that may disrupt business operations across the global economy, including through-- (1) disruptions with respect to-- (A) the sourcing of materials; (B) production; and (C) the disposal of products and services; (2) changes in the availability and prices of raw materials and other inputs; (3) changes in agricultural production and with respect to food security; (4) direct damages to fixed assets; (5) increases in costs associated with insured or uninsured losses; (6) changes in asset values; (7) impacts on-- (A) aggregate demand for products and services; (B) labor productivity; (C) asset liquidity; and (D) credit availability; (8) mass migration and increases in disease and mortality rates; (9) international conflict, as such conflict relates to global economic activity and output; and (10) changes in any other microeconomic or macroeconomic condition that the Board of Governors, in coordination with the climate science leads, determines to be relevant. SEC. 6. CLIMATE-RELATED ENHANCED SUPERVISION FOR CERTAIN NONBANK FINANCIAL COMPANIES AND BANK HOLDING COMPANIES. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)) is amended-- (1) in subparagraph (B)(i), by inserting ``except as provided in subparagraph (C)(ii)(I),'' before ``shall provide''; and (2) by adding at the end the following: ``(C) Biennial tests required.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `capital distribution' has the meaning given the term in section 225.8(d)(4) of title 12, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph; ``(II) the term `capital policy' has the meaning given the term in section 225.8(d)(7) of title 12, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph; and ``(III) the terms `climate science leads' and `covered entity' have the meanings given those terms in section 3 of the Climate Change Financial Risk Act of 2021. ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ``(cc) Rejection.--Except as provided in subclause (II)(aa), the Board of Governors may object to a climate risk remediation plan submitted by a covered entity under item (aa) if the Board of Governors determines that-- ``(AA) the covered entity has not demonstrated a reasonable plan to maintain capital above each minimum regulatory capital ratio on a pro forma basis under the adverse set of conditions described in subclause (I); ``(BB) the climate risk remediation plan is otherwise not reasonable or appropriate; ``(CC) the assumptions and analysis underlying the climate risk remediation plan, or the methodologies and practices that support the climate risk remediation plan, are not reasonable or appropriate; or ``(DD) the climate risk remediation plan otherwise constitutes an unsafe or unsound practice. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SEC. 7. SUB-SYSTEMIC EXPLORATORY SURVEY. (a) Development of Survey.--The Board of Governors, in consultation with the Comptroller of the Currency and the Board of Directors of the Federal Deposit Insurance Corporation, shall develop an exploratory survey to assess-- (1) the ability of surveyed entities, including agricultural banks, community banks, and other financial institutions with a significant concentration of business activities in certain geographical areas or industries, to withstand each climate risk scenario developed under section 5; and (2) how surveyed entities plan to make adaptations to the business models and capital planning of those entities in response to the risks presented in each climate change risk scenario developed under section 5. (b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). (B) Subsequent report.--Not later than 180 days after the date on which each survey administered under subparagraph (A) is completed, the Board of Governors shall publicly release a report that summarizes the results of the survey, which shall include the analysis described in paragraph (1)(B)(ii). (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. (2) Rule of construction.--Nothing in paragraph (1)(A) may be construed to preclude the Board of Governors from pursuing an enforcement action against a surveyed entity because of a violation discovered by the Board of Governors during an examination of the surveyed entity that is independent of a survey administered under this section. SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL. (a) In General.--The Financial Stability Oversight Council shall establish a committee of the Council that shall support the Council in identifying risks to, and in responding to emerging threats to, the stability of the United States financial system as a result of climate change. (b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate. <all>

Climate Change Financial Risk Act of 2021

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes.

Climate Change Financial Risk Act of 2021

Rep. Casten, Sean

D

IL

This bill addresses climate change risk and its potential impact on the financial system. The Federal Reserve Board must develop financial risk analyses relating to climate change for specified large nonbank financial companies and bank holding companies. Specifically, these entities will be evaluated every two years on whether they have the capital necessary to absorb financial losses that would arise under several different climate change risk scenarios. The bill also establishes the Climate Risk Scenario Technical Development Group to provide recommendations to the board regarding such climate change risk scenarios, and determine the financial and economic risks of these scenarios. The Financial Stability Oversight Council of the Department of the Treasury must establish a committee to assist it in identifying risks and responding to threats to the financial system as a result of climate change.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL.

SENSE OF CONGRESS. 3. (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. SEC. 8.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). 4. shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SENSE OF CONGRESS. 3. DEFINITIONS. 5311(a)). (2) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the Federal Reserve System. (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. (7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (9) Transition risks.--The term ``transition risks'' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- (A) costs relating to-- (i) international treaties and agreements; (ii) Federal, State, and local policies; (iii) new technologies; (iv) changing markets; (v) reputational impacts relevant to changing consumer behavior; and (vi) litigation; and (B) a loss in the value, or the stranding, of assets due to any of the costs described in clauses (i) through (vi) of subparagraph (A). (10) Value chain.--The term ``value chain''-- (A) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (B) may include the sourcing of materials, production, and disposal with respect to the product or service described in subparagraph (A). 4. App.) shall not apply with respect to the Technical Development Group. 5. DEVELOPMENT AND UPDATING OF CLIMATE CHANGE RISK SCENARIOS. (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. 6. Section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. ``(II) Initial tests.--With respect to each of the first 3 analyses conducted under subclause (I)-- ``(aa) the covered entity to which such an analysis applies shall not be subject to any adverse consequences as a result of the analysis; and ``(bb) the Board of Governors shall-- ``(AA) not later than 60 days after the date on which the Board of Governors completes each such analysis, make a summary of the analysis publicly available; and ``(BB) submit a copy of the results of the analysis to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. (2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). SEC. 8. FINANCIAL STABILITY OVERSIGHT COUNCIL. (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). ( 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( 7) Surveyed entity.--The term ``surveyed entity'' means a nonbank financial company supervised by the Board of Governors, or a bank holding company, that-- (A) has total consolidated assets of not less than $10,000,000,000; and (B) is not a covered entity. (8) Technical development group.--The term ``Technical Development Group'' means the Climate Risk Scenario Technical Development Group established under section 4. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( (C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. ( (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. ( CLIMATE-RELATED ENHANCED SUPERVISION FOR CERTAIN NONBANK FINANCIAL COMPANIES AND BANK HOLDING COMPANIES. ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ``(dd) General distribution limitation.--If the Board of Governors, under item (cc), objects to a climate risk remediation plan submitted by a covered entity under item (aa), the covered entity may not make any capital distribution, other than a capital distribution arising from the issuance of a regulatory capital instrument eligible for inclusion in the numerator of a minimum regulatory capital ratio.''. SUB-SYSTEMIC EXPLORATORY SURVEY. b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. ( b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( 2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Bank holding company.--The term ``bank holding company'' has the meaning given the term in section 102(a) of the Financial Stability Act of 2010 (12 U.S.C. 5311(a)). ( 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( (6) Physical risks.--The term ``physical risks'' means financial risks to assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- (A) increased average global temperatures; (B) increased severity and frequency of extreme weather events; (C) increased flooding; (D) sea level rise; (E) ocean acidification; (F) increased severity and frequency of heat waves; (G) increased frequency of wildfires; (H) decreased arability of farmland; and (I) decreased availability of fresh water. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. (2) Selection.--The Board of Governors shall select the members of the Technical Development Group after consultation with the climate science leads. ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. (2) Updates.--After the initial development of the climate change risk scenarios under paragraph (1), the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall update those scenarios once every 3 years. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(ii) Tests.-- ``(I) In general.--Subject to the other requirements of this clause, the Board of Governors, in coordination with the appropriate primary financial regulatory agencies and the climate science leads, shall conduct biennial analyses in which each covered entity is subject to evaluation, under an adverse set of conditions, of whether that covered entity has the capital, on a total consolidated basis, necessary to absorb financial losses that would arise under each climate change risk scenario developed under section 5 of the Climate Change Financial Risk Act of 2021. ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( (c) Effect of Survey Participation.-- (1) In general.--With respect to a surveyed entity to which any survey under this section is administered-- (A) subject to paragraph (2), the entity shall not be subject to any adverse consequence on the basis of a response provided by the entity to the survey; and (B) in any report released with respect to the survey, the Board of Governors may not identify any individual response submitted by the entity to the survey. ( b) Responsibilities.-- (1) Committee.--The committee established under subsection (a) shall, not later than 1 year after the completion of the first analysis required under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 3) Climate science leads.--The term ``climate science leads'' means-- (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of Energy; (D) the Administrator of the National Aeronautics and Space Administration; (E) the Director of the United States Geological Survey; (F) the Secretary of the Interior; and (G) the head of any other Federal agency that the Board of Governors determines to be appropriate. ( 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( (4) Recommendations.--If the Technical Development Group determines that the average increase in global temperatures described in subparagraph (A) or (B) of paragraph (1) is no longer scientifically valid, the Technical Development Group may recommend that the Board of Governors, in coordination with the climate science leads, update the average increase in global temperatures described in the applicable subparagraph to reflect the most current assessment of climate change science. ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 2) Subsequent administration.-- (A) In general.--After the release of the report required under paragraph (1)(B)(ii), the Board of Governors shall, on a biennial basis, administer to each surveyed entity the survey developed under subsection (a). ( ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. ( 2) Council.--For each year after the year in which the assessment required under paragraph (1) is submitted, the Financial Stability Oversight Council shall include in the annual report required under section 112(a)(2)(N) of the Financial Stability Act of 2010 (12 U.S.C. 5322(a)(2)(N)) an update to that assessment. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( a) In General.-- (1) Initial development.--Not later than 1 year after the date of enactment of this Act, the Board of Governors, in coordination with the climate science leads, and taking into consideration the recommendations of the Technical Development Group, shall develop 3 separate climate change risk scenarios as follows: (A) One scenario that assumes an average increase in global temperatures of 1.5 degrees Celsius above pre-industrial levels. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. b) Membership.-- (1) Composition.--The Technical Development Group shall be composed of 10 members-- (A) 5 of whom shall be climate scientists; and (B) 5 of whom shall be economists, with expertise in either the United States financial system or the risks posed by climate change. ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( 3) International coordination.--In developing and updating the 3 scenarios required under this subsection, the Board of Governors shall take into consideration analytic tools and best practices developed by international banking supervisors relating to climate risks and scenario analysis in an effort to develop consistent and comparable data-driven scenarios. ( ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). b) Administration of Survey.-- (1) Initial administration.-- (A) In general.--Not later than 1 year after the completion of the first analysis under subparagraph (C) of section 165(i)(1) of the Financial Stability Act of 2010 (12 U.S.C. 5365(i)(1)), as added by section 6 of this Act, the Board of Governors shall administer the survey developed under subsection (a) to each surveyed entity. ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( ( ( C) One scenario that-- (i) assumes the likely and very likely average increase in global temperatures that can be expected, taking into consideration the extent to which national policies and actions relating to climate change have been implemented, as of the date on which the scenario is developed, or on which the scenario is updated under paragraph (2), as applicable; and (ii) does not take into consideration commitments for policies and actions relating to climate change that, as of the applicable date described in clause (i), have not been implemented. ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. (B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. ( 5365(i)(1)), as added by section 6 of this Act, and in consultation with the Office of Financial Research, submit to Congress an assessment of the risk posed by climate change to the efficiency, competitiveness, and stability of the United States financial system as a whole. (

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. ``(bb) Contents.--Each climate risk remediation plan required under item (aa) shall include-- ``(AA) a capital policy with respect to climate risk planning; and ``(BB) qualitative and quantitative targets for balance sheet and off-balance sheet exposures, and other business operations, that remedy vulnerabilities identified in the most recently conducted analysis of the applicable covered entity under subclause (I). ( ( (c) Composition.--The committee established under subsection (a) shall be composed of-- (1) the Chairman of the Board of Governors; (2) the Secretary of the Treasury; (3) the Comptroller of the Currency; (4) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Chairman of the Securities and Exchange Commission; (6) the Chairperson of the Commodity Futures Trading Commission; and (7) any other voting or nonvoting members that the Financial Stability Oversight Council determines to be appropriate.

To require the Board of Governors of the Federal Reserve System, in consultation with the heads of other relevant Federal agencies, to develop and conduct financial risk analyses relating to climate change, and for other purposes. 5365(i)(1)), as added by section 6 of this Act, is appropriate-- (I) to-- (aa) prevent or mitigate risks to the financial stability of the United States; or (bb) promote the safety and soundness of the company; and (II) after taking into consideration-- (aa) the capital structure, riskiness, complexity, financial activities, and size of the company, including the financial activities of any subsidiary of the company; and (bb) any other risk-related factor that the Board of Governors determines to be appropriate. ( ( ( ( ( ( ( ( ( ``(III) Climate risk remediation plan.-- ``(aa) In general.--Except with respect to the first analysis conducted under subclause (I), each covered entity shall, before being subject to an analysis under that subclause, submit to the Board of Governors a remediation plan with respect to climate risk planning (referred to in this subclause as a `climate risk remediation plan'), which shall be based on the results of the most recently conducted analysis of the covered entity under that subclause. ( B) Assessment and report.--Not later than 18 months after the date on which the Board of Governors completes the administration of the survey under subparagraph (A), the Board of Governors shall-- (i) assess the responses to the survey; and (ii) publicly release a report that summarizes the results of the survey, which shall include the analysis of the Board of Governors regarding whether the planned actions of the surveyed entities to which the survey was administered, in the aggregate-- (I) are plausible; and (II) would be effective. (

Climate Change Financial Risk Act of 2021 This bill expresses the sense of Congress that: (1) if current trends continue, average global temperatures are likely to reach 1.5 degrees Celsius above pre-industrial levels between 2030 and 2050; (2) global temperature rise has already resulted in an increased number of heavy rainstorms, coastal flooding events, heat waves, wildfires, and other extreme events Directs the Board of Governors to establish a Climate Risk Scenario Technical Development Group to: (1) provide recommendations to the Board regarding the development of, and updates to, the climate change risk scenarios; (2) determine the financial and economic risks resulting from those scenarios; and (3) make any final work product and any data sets or other inputs used in the development publicly available Amends the Financial Stability Act of 2010 to require the Board of Governors of the Federal Reserve System to: (1) account for physical risks and transition risks that may disrupt business operations across the global economy; (2) conduct biennial analyses of whether a nonbank financial company or bank holding company has the capital necessary to absorb financial losses that would arise under each climate change risk scenario developed Directs the Board of Governors of the Federal Reserve System to administer a survey developed under the Financial Stability Act of 2010 (FSAA) to each surveyed entity to assess the responses to the survey and publicly release a report that summarizes the results. (Sec. 8) Requires the Board to: (1) administer the survey to each entity on a biennial basis; and (

H.R.9097

Education

Public Service Reward Act This bill makes changes to the Public Service Loan Forgiveness (PSLF) program. Among these changes, the bill (1) directs the Department of Education to provide partial loan forgiveness to a borrower for every 12 months of qualifying payments and employment, and (2) makes additional loan types (e.g., Federal Family Education Loans and Perkins Loans) eligible for forgiveness under the PSLF program.

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Service Reward Act''. SEC. 2. PUBLIC SERVICE LOAN FORGIVENESS EXPANSION AND IMPROVEMENTS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) Forgiveness for public service.-- ``(A) In general.--The Secretary shall forgive the appropriate amount of the balance due (as determined in accordance with paragraph (2)) on any eligible Federal loan not in default for a borrower who, after October 1, 2007-- ``(i) has been employed full-time in a public service job for 12 months; and ``(ii) for each of the 12 months of employment described in clause (i), has made a monthly payment on the eligible Federal loan. ``(B) Method of loan forgiveness.--To provide loan forgiveness under this paragraph, the Secretary is authorized to carry out a program-- ``(i) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under part B of this title; ``(ii) to cancel a qualified loan amount for a loan made under this part; and ``(iii) to cancel a qualified loan amount for a loan made under part E, and to make payments to institutions of higher education for an amount equal to the aggregate of the amounts of loans from its student loan fund which are canceled pursuant to this subsection, in accordance with the requirements of section 465(b). ``(C) Special rules.-- ``(i) Forgiveness of parent plus loans.--A borrower of a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student may receive loan forgiveness under this subsection for such loan made on behalf on a dependent student if the borrower meets the requirements under this subsection. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ``(D) Rules of construction.--Nothing in this subsection shall be construed to-- ``(i) require that a borrower perform the 12 months of employment or make the 12 monthly payments described in subparagraph (A) consecutively in order to qualify for loan forgiveness under this subsection; ``(ii) require that a borrower be employed in a public service job at the time that the borrower receives forgiveness under this subsection; or ``(iii) authorize the refunding of any repayment of a loan, except that a borrower may be reimbursed for any payment made after the date on which the borrower has been approved for forgiveness under this subsection and before the date on which the Secretary carries out such forgiveness. ``(E) Loan forgiveness not taxable income.--The amount of a loan, including interest on a loan, forgiven under this subsection shall not be considered income for purposes of the Internal Revenue Code of 1986. ``(F) Standard procedures.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary shall develop and make publicly available the procedures the Secretary (including the contractors and servicers involved) will use to-- ``(i) determine whether a borrower meets the requirements for loan forgiveness under this subsection; ``(ii) determine the amount of forgiveness for which a borrower is eligible under paragraph (2); and ``(iii) inform any borrower who applies for and is denied loan forgiveness under this subsection of-- ``(I) the reason the borrower's application was denied; and ``(II) the procedures necessary for the borrower to appeal the denial; and ``(iv) accept and evaluate an appeal from a borrower who is denied loan forgiveness under this subsection.''; (2) by amending paragraph (2) to read as follows: ``(2) Loan forgiveness amounts.-- ``(A) In general.--After completion by a borrower of 12 months of employment and qualifying payments described in paragraph (1)(A), the Secretary shall forgive an appropriate amount of the balance due on the eligible Federal loans made to the borrower, as determined in accordance with subparagraphs (B) and (C), except that in no case shall the total amount forgiven by the Secretary under this paragraph exceed the outstanding balance of principal and interest due on the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness. ``(B) Forgiveness amounts.--The appropriate amount of forgiveness provided by the Secretary to a borrower for completing 12 months of employment and qualifying payments described in paragraph (1)(A) shall be-- ``(i) for each of the first, second, third, fourth, and fifth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; ``(ii) for each of the sixth, seventh, eighth, and ninth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the sum of-- ``(I) the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; and ``(II) 5 percent of the total amount outstanding (including principal and interest) on each of the eligible Federal loans of the borrower on the date each such loan first entered repayment; and ``(iii) for the tenth time the borrower completes 12 months of such employment and qualifying payments, 100 percent of the outstanding balance of principal and interest due on each of the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness. ``(C) Calculation of forgiveness amounts for past public service.--In the case of a borrower who has completed at least 12 months of employment and qualifying payments described in paragraph (1)(A) (including monthly loan payments before consolidation, as described in paragraph (1)(C)(ii)) prior to the date of enactment of this subsection, the appropriate amount of forgiveness provided by the Secretary shall be-- ``(i) in the case of a borrower who has completed 12 months of such employment and qualifying payments at least 10 times, but who has not received loan cancellation under this subsection (as it was in effect on the day before the date of enactment of the Public Service Reward Act), 100 percent of the outstanding balance of principal and interest due on each of the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness; and ``(ii) in the case of a borrower who has completed 12 months of such employment and qualifying payments at least one time but not more than 9 times, for each such time the borrower completed 12 months of such employment and qualifying payments in accordance with subparagraph (B), an amount equal to the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months. ``(D) Past service determination.--A borrower who has completed at least 12 months of employment and qualifying payments described in subparagraph (C) shall be eligible for forgiveness under this subsection regardless of whether the borrower would have been eligible for cancellation as a result of such employment and payments under this subsection as it was in effect on the day before the date of enactment of the Public Service Reward Act.''; (3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan.''; and (C) by adding at the end the following: ``(D) Temporary expanded pslf program.--The term `temporary expanded PSLF program' includes each loan cancellation program under the following provisions of law: ``(i) section 315 of title III of division H of the Consolidated Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 752 et seq.); ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260).''; and (4) by adding at the end the following new paragraphs: ``(5) Notices regarding pslf expansion and requirements.-- ``(A) General notice.--Not later than one year after the date of enactment of the Public Service Reward Act, the Secretary shall make publicly available, in simple and understandable terms, information about the loan forgiveness program under this subsection, the changes made to the program by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers of eligible Federal loans for loan forgiveness under this subsection. Such information shall be easily accessible through the website of the Department of Education. ``(B) Notice to all eligible federal loan borrowers.--Not later than 6 months after the date of enactment of the Public Service Reward Act, the Secretary of Education shall notify all eligible Federal loan borrowers of the changes made to the program under this subsection by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers for loan forgiveness under this subsection. ``(C) Notices for borrowers denied loan cancellation or loan forgiveness.--Not later than 6 months after the date of enactment of the Public Service Reward Act, the Secretary shall-- ``(i) identify and inform each borrower who applied for and was denied loan cancellation under this subsection (as in effect on the day before the date of enactment of the Public Service Reward Act) of-- ``(I) the reason the borrower's application was denied; and ``(II) the changes made to the program under this subsection by the Public Service Reward Act, and how such changes may affect the eligibility of the borrower for loan forgiveness under this subsection; ``(ii) determine whether each such borrower qualifies for loan forgiveness under this subsection, and if so, forgive the borrower's loans in accordance with this subsection (as in effect on the date of such forgiveness); ``(iii) in the case of such a borrower who does not qualify for loan forgiveness under this subsection, notify the borrower of-- ``(I) any options to qualify for loan forgiveness under this subsection, and how to successfully pursue such options; and ``(II) the procedures necessary for the borrower to appeal the determination that the borrower does not qualify for such loan forgiveness; and ``(iv) develop a process to inform any borrower who applies for and is denied loan forgiveness under this subsection after the date of enactment of the Public Service Reward Act of-- ``(I) the reason the borrower's application was denied; and ``(II) the procedures necessary for the borrower to appeal the denial. ``(D) Notice to employers.--With respect to each employer listed in the database described in paragraph (6), the Secretary shall, on an annual basis and in a manner that is consistent with Federal laws on data privacy-- ``(i) provide each such employer with standardized information on the program under this subsection, including eligibility requirements; and ``(ii) encourage the employer to provide such information to employees. ``(E) Notice to institutions of higher education.-- With respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements for loan forgiveness. ``(F) Accessibility of notices to borrowers.--In carrying out subparagraphs (A), (B), and (C), the Secretary shall-- ``(i) in conjunction with the Bureau of the Census, determine the most common languages spoken by English learner students and their parents in the United States; ``(ii) develop and make publicly available versions of such notices in not fewer than 5 of the most common languages determined under clause (i) and make such versions available and accessible to borrowers in paper and electronic formats; and ``(iii) ensure that such notices are available in formats accessible to individuals with disabilities and compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines. ``(6) Database of public service jobs; data matching.-- ``(A) Database.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall establish and maintain a publicly accessible database of employers that employ individuals in public service jobs. In establishing such database, the Secretary shall consult with relevant Federal agencies that possess records about the status of borrowers of eligible Federal loans as employees in public service jobs. ``(B) Data matching agreements.-- ``(i) In general.--The Secretary shall enter into data matching agreements with relevant Federal agencies that possess records about the status of borrowers of eligible Federal loans as employees in public service jobs for the purpose of eliminating, to the extent practicable, the need for a borrower or an employer to submit a certification of employment to the Secretary. Such data matching agreements may-- ``(I) permit the Secretary to identify and notify borrowers of potential eligibility for loan forgiveness under this subsection; and ``(II) include identifying borrowers using employer identification numbers. ``(ii) Specific federal agencies.-- Notwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, and the Commissioner of Social Security shall disclose any relevant records to the Secretary for the purposes of meeting the Secretary's obligations to reduce barriers to certification of employment as described in subparagraph (A). ``(iii) Notice to borrowers.--If the Secretary receives employer or employment information regarding a borrower from a Federal agency pursuant to this paragraph, the Secretary shall timely notify the borrower that the Secretary received such information. ``(C) Report.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary, jointly with the heads of relevant Federal agencies, shall report to the authorizing committees on the progress being made to create the database required under subparagraph (A) and to implement the data matching agreements required under subparagraph (B). ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(ii) An identification of the loans of the borrower that are eligible Federal loans. ``(iii) With respect to each such eligible Federal loan, the number of monthly payments on such loan that qualify as a monthly payment under paragraph (1)(A), and the estimated number of monthly payments under paragraph (1)(A) remaining on such loan before the borrower may be eligible for loan forgiveness under this subsection. ``(iv) With respect to each loan of the borrower that is not eligible for loan forgiveness under this subsection, an explanation of why the loan is not so eligible and instructions on what, if anything, the borrower may do to make the loan so eligible. ``(v) Instructions for the submission of any forms associated with such loan forgiveness, and an ability for the borrower to use the portal to electronically sign and submit such forms. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. ``(C) Information.--The Secretary shall ensure that any information provided through the online portal described in this paragraph-- ``(i) is up-to-date information; and ``(ii) is provided in a written format, through email or regular mail, if so requested by the borrower or employer. ``(8) Reports.-- ``(A) Final report on loan cancellation.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary shall submit to the authorizing committees and make publicly available a final report on loan cancellation under this subsection on and before such date of enactment, including-- ``(i) the number of borrowers who received loan cancellation under this subsection (as in effect on the day before such date of enactment) on or before such date of enactment, and the number and percentage of such borrowers whose application for such loan cancellation had been previously denied before receiving such cancellation; ``(ii) the total number of borrowers whose application for loan cancellation under this subsection (as in effect on the day before such date of enactment) that was submitted on or before such date of enactment was denied, and a description of why each such application was so denied; ``(iii) the number of borrowers described in clause (ii) who contacted the Secretary (on or before such date of enactment) to determine how to qualify for such loan cancellation or for loan cancellation under the temporary expanded PSLF program; and ``(iv) a list of reasons why certain payments made on eligible Federal Direct loans did not qualify as one of the monthly payments described in paragraph (1)(A) (as such paragraph was in effect on the day before such date of enactment). ``(B) Annual report on loan forgiveness.--Beginning in fiscal year 2024 and annually thereafter, the Secretary shall submit to the authorizing committees an annual report with respect to the preceding fiscal year, on-- ``(i) the number of borrowers who received loan forgiveness under this subsection after the date of enactment of the Public Service Reward Act; ``(ii) the number and percentage of borrowers described in clause (i) whose application for loan cancellation under this subsection (as in effect on the day before such date of enactment) was denied on or before such date of enactment; and ``(iii) the number and percentage of borrowers whose application for loan forgiveness under this subsection was denied, including-- ``(I) a description of why each such application was so denied; and ``(II) whether each such borrower had, on or before such date of enactment, submitted an application for loan cancellation under this subsection (as in effect on the day before such date of enactment) that was denied.''. SEC. 3. AUTHORIZATION OF DISCLOSURE BY SECRETARY OF THE TREASURY. (a) In General.--Section 6103(l)(13) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Public service loan forgiveness.--The Secretary shall, upon written request from the Secretary of Education, disclose to any authorized person, only for the purpose of (and to the extent necessary in) discharging loans, maintaining the public service jobs database, and entering into data matching agreements under section 455(m) of the Higher Education Act of 1965, the following return information from returns (for any taxable year specified by the Secretary of Education as relevant to such purpose) of an individual: ``(i) The return information described in clauses (i) and (vi) of subparagraph (A). ``(ii) The employer identification number of each employer employing the individual during a specified taxable year. ``(iii) Verification of whether an individual was employed by an employer during a specified taxable year. ``(iv) The name of each employer employing the individual during a specified taxable year. ``(v) The type indicator of the employer employing the individual during a specified taxable year.''. (b) Conforming Amendments.-- (1) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A), by inserting ``(13)(G),'' before ``(14)'', and (B) in paragraph (4) by inserting ``(13)(G),'' after ``(13)(D)(i),'' each place it appears. (2) Section 7213(a)(2) of such Code is amended by inserting ``(13)(G),'' after ``(10), (12),''. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act. <all>

Public Service Reward Act

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes.

Public Service Reward Act

Rep. Clyburn, James E.

D

SC

This bill makes changes to the Public Service Loan Forgiveness (PSLF) program. Among these changes, the bill (1) directs the Department of Education to provide partial loan forgiveness to a borrower for every 12 months of qualifying payments and employment, and (2) makes additional loan types (e.g., Federal Family Education Loans and Perkins Loans) eligible for forgiveness under the PSLF program.

This Act may be cited as the ``Public Service Reward Act''. 2. ``(B) Forgiveness amounts.--The appropriate amount of forgiveness provided by the Secretary to a borrower for completing 12 months of employment and qualifying payments described in paragraph (1)(A) shall be-- ``(i) for each of the first, second, third, fourth, and fifth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; ``(ii) for each of the sixth, seventh, eighth, and ninth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the sum of-- ``(I) the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; and ``(II) 5 percent of the total amount outstanding (including principal and interest) on each of the eligible Federal loans of the borrower on the date each such loan first entered repayment; and ``(iii) for the tenth time the borrower completes 12 months of such employment and qualifying payments, 100 percent of the outstanding balance of principal and interest due on each of the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness. ``(E) Notice to institutions of higher education.-- With respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements for loan forgiveness. ``(C) Report.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary, jointly with the heads of relevant Federal agencies, shall report to the authorizing committees on the progress being made to create the database required under subparagraph (A) and to implement the data matching agreements required under subparagraph (B). ``(ii) An identification of the loans of the borrower that are eligible Federal loans. ``(iii) With respect to each such eligible Federal loan, the number of monthly payments on such loan that qualify as a monthly payment under paragraph (1)(A), and the estimated number of monthly payments under paragraph (1)(A) remaining on such loan before the borrower may be eligible for loan forgiveness under this subsection. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. 3. ``(iv) The name of each employer employing the individual during a specified taxable year. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

This Act may be cited as the ``Public Service Reward Act''. 2. ``(B) Forgiveness amounts.--The appropriate amount of forgiveness provided by the Secretary to a borrower for completing 12 months of employment and qualifying payments described in paragraph (1)(A) shall be-- ``(i) for each of the first, second, third, fourth, and fifth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; ``(ii) for each of the sixth, seventh, eighth, and ninth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the sum of-- ``(I) the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; and ``(II) 5 percent of the total amount outstanding (including principal and interest) on each of the eligible Federal loans of the borrower on the date each such loan first entered repayment; and ``(iii) for the tenth time the borrower completes 12 months of such employment and qualifying payments, 100 percent of the outstanding balance of principal and interest due on each of the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness. ``(ii) An identification of the loans of the borrower that are eligible Federal loans. ``(iii) With respect to each such eligible Federal loan, the number of monthly payments on such loan that qualify as a monthly payment under paragraph (1)(A), and the estimated number of monthly payments under paragraph (1)(A) remaining on such loan before the borrower may be eligible for loan forgiveness under this subsection. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

This Act may be cited as the ``Public Service Reward Act''. 2. ``(F) Standard procedures.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary shall develop and make publicly available the procedures the Secretary (including the contractors and servicers involved) will use to-- ``(i) determine whether a borrower meets the requirements for loan forgiveness under this subsection; ``(ii) determine the amount of forgiveness for which a borrower is eligible under paragraph (2); and ``(iii) inform any borrower who applies for and is denied loan forgiveness under this subsection of-- ``(I) the reason the borrower's application was denied; and ``(II) the procedures necessary for the borrower to appeal the denial; and ``(iv) accept and evaluate an appeal from a borrower who is denied loan forgiveness under this subsection. ``(B) Forgiveness amounts.--The appropriate amount of forgiveness provided by the Secretary to a borrower for completing 12 months of employment and qualifying payments described in paragraph (1)(A) shall be-- ``(i) for each of the first, second, third, fourth, and fifth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; ``(ii) for each of the sixth, seventh, eighth, and ninth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the sum of-- ``(I) the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; and ``(II) 5 percent of the total amount outstanding (including principal and interest) on each of the eligible Federal loans of the borrower on the date each such loan first entered repayment; and ``(iii) for the tenth time the borrower completes 12 months of such employment and qualifying payments, 100 percent of the outstanding balance of principal and interest due on each of the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness. ''; and (C) by adding at the end the following: ``(D) Temporary expanded pslf program.--The term `temporary expanded PSLF program' includes each loan cancellation program under the following provisions of law: ``(i) section 315 of title III of division H of the Consolidated Appropriations Act, 2018 (Public Law 115-141; 132 Stat. ``(E) Notice to institutions of higher education.-- With respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements for loan forgiveness. ``(C) Report.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary, jointly with the heads of relevant Federal agencies, shall report to the authorizing committees on the progress being made to create the database required under subparagraph (A) and to implement the data matching agreements required under subparagraph (B). ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(ii) An identification of the loans of the borrower that are eligible Federal loans. ``(iii) With respect to each such eligible Federal loan, the number of monthly payments on such loan that qualify as a monthly payment under paragraph (1)(A), and the estimated number of monthly payments under paragraph (1)(A) remaining on such loan before the borrower may be eligible for loan forgiveness under this subsection. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. SEC. 3. ``(iv) The name of each employer employing the individual during a specified taxable year. (2) Section 7213(a)(2) of such Code is amended by inserting ``(13)(G),'' after ``(10), (12),''. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

This Act may be cited as the ``Public Service Reward Act''. 2. ``(F) Standard procedures.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary shall develop and make publicly available the procedures the Secretary (including the contractors and servicers involved) will use to-- ``(i) determine whether a borrower meets the requirements for loan forgiveness under this subsection; ``(ii) determine the amount of forgiveness for which a borrower is eligible under paragraph (2); and ``(iii) inform any borrower who applies for and is denied loan forgiveness under this subsection of-- ``(I) the reason the borrower's application was denied; and ``(II) the procedures necessary for the borrower to appeal the denial; and ``(iv) accept and evaluate an appeal from a borrower who is denied loan forgiveness under this subsection. ``(B) Forgiveness amounts.--The appropriate amount of forgiveness provided by the Secretary to a borrower for completing 12 months of employment and qualifying payments described in paragraph (1)(A) shall be-- ``(i) for each of the first, second, third, fourth, and fifth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; ``(ii) for each of the sixth, seventh, eighth, and ninth times the borrower completes 12 months of such employment and qualifying payments, an amount equal to the sum of-- ``(I) the total amount of interest that accrued on each of the eligible Federal loans of the borrower during each of such 12 months; and ``(II) 5 percent of the total amount outstanding (including principal and interest) on each of the eligible Federal loans of the borrower on the date each such loan first entered repayment; and ``(iii) for the tenth time the borrower completes 12 months of such employment and qualifying payments, 100 percent of the outstanding balance of principal and interest due on each of the eligible Federal loans of the borrower on the date the borrower is approved for such forgiveness. ''; and (C) by adding at the end the following: ``(D) Temporary expanded pslf program.--The term `temporary expanded PSLF program' includes each loan cancellation program under the following provisions of law: ``(i) section 315 of title III of division H of the Consolidated Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 752 et seq. ``(E) Notice to institutions of higher education.-- With respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements for loan forgiveness. ``(F) Accessibility of notices to borrowers.--In carrying out subparagraphs (A), (B), and (C), the Secretary shall-- ``(i) in conjunction with the Bureau of the Census, determine the most common languages spoken by English learner students and their parents in the United States; ``(ii) develop and make publicly available versions of such notices in not fewer than 5 of the most common languages determined under clause (i) and make such versions available and accessible to borrowers in paper and electronic formats; and ``(iii) ensure that such notices are available in formats accessible to individuals with disabilities and compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines. ``(ii) Specific federal agencies.-- Notwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, and the Commissioner of Social Security shall disclose any relevant records to the Secretary for the purposes of meeting the Secretary's obligations to reduce barriers to certification of employment as described in subparagraph (A). ``(C) Report.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary, jointly with the heads of relevant Federal agencies, shall report to the authorizing committees on the progress being made to create the database required under subparagraph (A) and to implement the data matching agreements required under subparagraph (B). ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(ii) An identification of the loans of the borrower that are eligible Federal loans. ``(iii) With respect to each such eligible Federal loan, the number of monthly payments on such loan that qualify as a monthly payment under paragraph (1)(A), and the estimated number of monthly payments under paragraph (1)(A) remaining on such loan before the borrower may be eligible for loan forgiveness under this subsection. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. SEC. 3. ``(iv) The name of each employer employing the individual during a specified taxable year. (2) Section 7213(a)(2) of such Code is amended by inserting ``(13)(G),'' after ``(10), (12),''. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. This Act may be cited as the ``Public Service Reward Act''. ``(C) Special rules.-- ``(i) Forgiveness of parent plus loans.--A borrower of a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student may receive loan forgiveness under this subsection for such loan made on behalf on a dependent student if the borrower meets the requirements under this subsection. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ``(E) Loan forgiveness not taxable income.--The amount of a loan, including interest on a loan, forgiven under this subsection shall not be considered income for purposes of the Internal Revenue Code of 1986. ``(D) Past service determination.--A borrower who has completed at least 12 months of employment and qualifying payments described in subparagraph (C) shall be eligible for forgiveness under this subsection regardless of whether the borrower would have been eligible for cancellation as a result of such employment and payments under this subsection as it was in effect on the day before the date of enactment of the Public Service Reward Act. ''; ( 3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan. ''; ); ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260). ''; and (4) by adding at the end the following new paragraphs: ``(5) Notices regarding pslf expansion and requirements.-- ``(A) General notice.--Not later than one year after the date of enactment of the Public Service Reward Act, the Secretary shall make publicly available, in simple and understandable terms, information about the loan forgiveness program under this subsection, the changes made to the program by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers of eligible Federal loans for loan forgiveness under this subsection. ``(D) Notice to employers.--With respect to each employer listed in the database described in paragraph (6), the Secretary shall, on an annual basis and in a manner that is consistent with Federal laws on data privacy-- ``(i) provide each such employer with standardized information on the program under this subsection, including eligibility requirements; and ``(ii) encourage the employer to provide such information to employees. ``(E) Notice to institutions of higher education.-- With respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements for loan forgiveness. ``(6) Database of public service jobs; data matching.-- ``(A) Database.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall establish and maintain a publicly accessible database of employers that employ individuals in public service jobs. ``(ii) Specific federal agencies.-- Notwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, and the Commissioner of Social Security shall disclose any relevant records to the Secretary for the purposes of meeting the Secretary's obligations to reduce barriers to certification of employment as described in subparagraph (A). ``(iii) Notice to borrowers.--If the Secretary receives employer or employment information regarding a borrower from a Federal agency pursuant to this paragraph, the Secretary shall timely notify the borrower that the Secretary received such information. ``(C) Report.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary, jointly with the heads of relevant Federal agencies, shall report to the authorizing committees on the progress being made to create the database required under subparagraph (A) and to implement the data matching agreements required under subparagraph (B). ``(iv) With respect to each loan of the borrower that is not eligible for loan forgiveness under this subsection, an explanation of why the loan is not so eligible and instructions on what, if anything, the borrower may do to make the loan so eligible. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. AUTHORIZATION OF DISCLOSURE BY SECRETARY OF THE TREASURY. ``(ii) The employer identification number of each employer employing the individual during a specified taxable year. ``(iv) The name of each employer employing the individual during a specified taxable year. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. ``(C) Special rules.-- ``(i) Forgiveness of parent plus loans.--A borrower of a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student may receive loan forgiveness under this subsection for such loan made on behalf on a dependent student if the borrower meets the requirements under this subsection. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ``(E) Loan forgiveness not taxable income.--The amount of a loan, including interest on a loan, forgiven under this subsection shall not be considered income for purposes of the Internal Revenue Code of 1986. ``(D) Past service determination.--A borrower who has completed at least 12 months of employment and qualifying payments described in subparagraph (C) shall be eligible for forgiveness under this subsection regardless of whether the borrower would have been eligible for cancellation as a result of such employment and payments under this subsection as it was in effect on the day before the date of enactment of the Public Service Reward Act. ''; (3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan. ''; ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260). ''; ``(B) Notice to all eligible federal loan borrowers.--Not later than 6 months after the date of enactment of the Public Service Reward Act, the Secretary of Education shall notify all eligible Federal loan borrowers of the changes made to the program under this subsection by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers for loan forgiveness under this subsection. ``(D) Notice to employers.--With respect to each employer listed in the database described in paragraph (6), the Secretary shall, on an annual basis and in a manner that is consistent with Federal laws on data privacy-- ``(i) provide each such employer with standardized information on the program under this subsection, including eligibility requirements; and ``(ii) encourage the employer to provide such information to employees. ``(B) Data matching agreements.-- ``(i) In general.--The Secretary shall enter into data matching agreements with relevant Federal agencies that possess records about the status of borrowers of eligible Federal loans as employees in public service jobs for the purpose of eliminating, to the extent practicable, the need for a borrower or an employer to submit a certification of employment to the Secretary. Such data matching agreements may-- ``(I) permit the Secretary to identify and notify borrowers of potential eligibility for loan forgiveness under this subsection; and ``(II) include identifying borrowers using employer identification numbers. ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(v) Instructions for the submission of any forms associated with such loan forgiveness, and an ability for the borrower to use the portal to electronically sign and submit such forms. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. AUTHORIZATION OF DISCLOSURE BY SECRETARY OF THE TREASURY. ( ``(ii) The employer identification number of each employer employing the individual during a specified taxable year. (b) Conforming Amendments.-- (1) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A), by inserting ``(13)(G),'' before ``(14)'', and (B) in paragraph (4) by inserting ``(13)(G),'' after ``(13)(D)(i),'' each place it appears. ( 2) Section 7213(a)(2) of such Code is amended by inserting ``(13)(G),'' after ``(10), (12),''. (

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. ``(C) Special rules.-- ``(i) Forgiveness of parent plus loans.--A borrower of a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student may receive loan forgiveness under this subsection for such loan made on behalf on a dependent student if the borrower meets the requirements under this subsection. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ``(E) Loan forgiveness not taxable income.--The amount of a loan, including interest on a loan, forgiven under this subsection shall not be considered income for purposes of the Internal Revenue Code of 1986. ``(D) Past service determination.--A borrower who has completed at least 12 months of employment and qualifying payments described in subparagraph (C) shall be eligible for forgiveness under this subsection regardless of whether the borrower would have been eligible for cancellation as a result of such employment and payments under this subsection as it was in effect on the day before the date of enactment of the Public Service Reward Act. ''; (3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan. ''; ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260). ''; ``(B) Notice to all eligible federal loan borrowers.--Not later than 6 months after the date of enactment of the Public Service Reward Act, the Secretary of Education shall notify all eligible Federal loan borrowers of the changes made to the program under this subsection by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers for loan forgiveness under this subsection. ``(D) Notice to employers.--With respect to each employer listed in the database described in paragraph (6), the Secretary shall, on an annual basis and in a manner that is consistent with Federal laws on data privacy-- ``(i) provide each such employer with standardized information on the program under this subsection, including eligibility requirements; and ``(ii) encourage the employer to provide such information to employees. ``(B) Data matching agreements.-- ``(i) In general.--The Secretary shall enter into data matching agreements with relevant Federal agencies that possess records about the status of borrowers of eligible Federal loans as employees in public service jobs for the purpose of eliminating, to the extent practicable, the need for a borrower or an employer to submit a certification of employment to the Secretary. Such data matching agreements may-- ``(I) permit the Secretary to identify and notify borrowers of potential eligibility for loan forgiveness under this subsection; and ``(II) include identifying borrowers using employer identification numbers. ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(v) Instructions for the submission of any forms associated with such loan forgiveness, and an ability for the borrower to use the portal to electronically sign and submit such forms. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. AUTHORIZATION OF DISCLOSURE BY SECRETARY OF THE TREASURY. ( ``(ii) The employer identification number of each employer employing the individual during a specified taxable year. (b) Conforming Amendments.-- (1) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A), by inserting ``(13)(G),'' before ``(14)'', and (B) in paragraph (4) by inserting ``(13)(G),'' after ``(13)(D)(i),'' each place it appears. ( 2) Section 7213(a)(2) of such Code is amended by inserting ``(13)(G),'' after ``(10), (12),''. (

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. This Act may be cited as the ``Public Service Reward Act''. ``(C) Special rules.-- ``(i) Forgiveness of parent plus loans.--A borrower of a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student may receive loan forgiveness under this subsection for such loan made on behalf on a dependent student if the borrower meets the requirements under this subsection. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ``(E) Loan forgiveness not taxable income.--The amount of a loan, including interest on a loan, forgiven under this subsection shall not be considered income for purposes of the Internal Revenue Code of 1986. ``(D) Past service determination.--A borrower who has completed at least 12 months of employment and qualifying payments described in subparagraph (C) shall be eligible for forgiveness under this subsection regardless of whether the borrower would have been eligible for cancellation as a result of such employment and payments under this subsection as it was in effect on the day before the date of enactment of the Public Service Reward Act. ''; ( 3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan. ''; ); ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260). ''; and (4) by adding at the end the following new paragraphs: ``(5) Notices regarding pslf expansion and requirements.-- ``(A) General notice.--Not later than one year after the date of enactment of the Public Service Reward Act, the Secretary shall make publicly available, in simple and understandable terms, information about the loan forgiveness program under this subsection, the changes made to the program by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers of eligible Federal loans for loan forgiveness under this subsection. ``(D) Notice to employers.--With respect to each employer listed in the database described in paragraph (6), the Secretary shall, on an annual basis and in a manner that is consistent with Federal laws on data privacy-- ``(i) provide each such employer with standardized information on the program under this subsection, including eligibility requirements; and ``(ii) encourage the employer to provide such information to employees. ``(E) Notice to institutions of higher education.-- With respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements for loan forgiveness. ``(6) Database of public service jobs; data matching.-- ``(A) Database.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall establish and maintain a publicly accessible database of employers that employ individuals in public service jobs. ``(ii) Specific federal agencies.-- Notwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, and the Commissioner of Social Security shall disclose any relevant records to the Secretary for the purposes of meeting the Secretary's obligations to reduce barriers to certification of employment as described in subparagraph (A). ``(iii) Notice to borrowers.--If the Secretary receives employer or employment information regarding a borrower from a Federal agency pursuant to this paragraph, the Secretary shall timely notify the borrower that the Secretary received such information. ``(C) Report.--Not later than 180 days after the date of enactment of the Public Service Reward Act, the Secretary, jointly with the heads of relevant Federal agencies, shall report to the authorizing committees on the progress being made to create the database required under subparagraph (A) and to implement the data matching agreements required under subparagraph (B). ``(iv) With respect to each loan of the borrower that is not eligible for loan forgiveness under this subsection, an explanation of why the loan is not so eligible and instructions on what, if anything, the borrower may do to make the loan so eligible. ``(B) Employers.--The Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan forgiveness under this subsection. AUTHORIZATION OF DISCLOSURE BY SECRETARY OF THE TREASURY. ``(ii) The employer identification number of each employer employing the individual during a specified taxable year. ``(iv) The name of each employer employing the individual during a specified taxable year. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ''; ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260). ''; ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(v) Instructions for the submission of any forms associated with such loan forgiveness, and an ability for the borrower to use the portal to electronically sign and submit such forms. b) Conforming Amendments.-- (1) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A), by inserting ``(13)(G),'' before ``(14)'', and (B) in paragraph (4) by inserting ``(13)(G),'' after ``(13)(D)(i),'' each place it appears. (

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. ``(C) Special rules.-- ``(i) Forgiveness of parent plus loans.--A borrower of a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student may receive loan forgiveness under this subsection for such loan made on behalf on a dependent student if the borrower meets the requirements under this subsection. ``(D) Past service determination.--A borrower who has completed at least 12 months of employment and qualifying payments described in subparagraph (C) shall be eligible for forgiveness under this subsection regardless of whether the borrower would have been eligible for cancellation as a result of such employment and payments under this subsection as it was in effect on the day before the date of enactment of the Public Service Reward Act. ''; ( 3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan. ''; ); ''; and (4) by adding at the end the following new paragraphs: ``(5) Notices regarding pslf expansion and requirements.-- ``(A) General notice.--Not later than one year after the date of enactment of the Public Service Reward Act, the Secretary shall make publicly available, in simple and understandable terms, information about the loan forgiveness program under this subsection, the changes made to the program by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers of eligible Federal loans for loan forgiveness under this subsection. ``(6) Database of public service jobs; data matching.-- ``(A) Database.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall establish and maintain a publicly accessible database of employers that employ individuals in public service jobs. ``(ii) Specific federal agencies.-- Notwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, and the Commissioner of Social Security shall disclose any relevant records to the Secretary for the purposes of meeting the Secretary's obligations to reduce barriers to certification of employment as described in subparagraph (A). ``(iii) Notice to borrowers.--If the Secretary receives employer or employment information regarding a borrower from a Federal agency pursuant to this paragraph, the Secretary shall timely notify the borrower that the Secretary received such information. ``(iv) The name of each employer employing the individual during a specified taxable year. ( c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ''; ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260). ''; ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(v) Instructions for the submission of any forms associated with such loan forgiveness, and an ability for the borrower to use the portal to electronically sign and submit such forms. b) Conforming Amendments.-- (1) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A), by inserting ``(13)(G),'' before ``(14)'', and (B) in paragraph (4) by inserting ``(13)(G),'' after ``(13)(D)(i),'' each place it appears. (

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. ``(C) Special rules.-- ``(i) Forgiveness of parent plus loans.--A borrower of a loan under section 428B, or a Federal Direct PLUS loan, made on behalf of a dependent student may receive loan forgiveness under this subsection for such loan made on behalf on a dependent student if the borrower meets the requirements under this subsection. ``(D) Past service determination.--A borrower who has completed at least 12 months of employment and qualifying payments described in subparagraph (C) shall be eligible for forgiveness under this subsection regardless of whether the borrower would have been eligible for cancellation as a result of such employment and payments under this subsection as it was in effect on the day before the date of enactment of the Public Service Reward Act. ''; ( 3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan. ''; ); ''; and (4) by adding at the end the following new paragraphs: ``(5) Notices regarding pslf expansion and requirements.-- ``(A) General notice.--Not later than one year after the date of enactment of the Public Service Reward Act, the Secretary shall make publicly available, in simple and understandable terms, information about the loan forgiveness program under this subsection, the changes made to the program by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers of eligible Federal loans for loan forgiveness under this subsection. ``(6) Database of public service jobs; data matching.-- ``(A) Database.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall establish and maintain a publicly accessible database of employers that employ individuals in public service jobs. ``(ii) Specific federal agencies.-- Notwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, and the Commissioner of Social Security shall disclose any relevant records to the Secretary for the purposes of meeting the Secretary's obligations to reduce barriers to certification of employment as described in subparagraph (A). ``(iii) Notice to borrowers.--If the Secretary receives employer or employment information regarding a borrower from a Federal agency pursuant to this paragraph, the Secretary shall timely notify the borrower that the Secretary received such information. ``(iv) The name of each employer employing the individual during a specified taxable year. ( c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. ``(ii) No disruption for consolidation.-- With respect to a borrower who is employed full-time in a public service job, monthly loan payments made by the borrower on an eligible Federal loan before such loan is consolidated into a consolidation loan that is an eligible Federal loan under this subsection shall be considered to be qualifying monthly loan payments on such consolidation loan for the purpose of calculating the number of months that the borrower has been making qualifying payments on such consolidation loan under subparagraph (A)(ii). ''; ``(ii) section 313 of title III of division B the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115-245); ``(iii) section 312 of title III of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94); and ``(iv) section 310 of Title III of division H of the Omnibus Appropriations Act, 2021 (Public Law 116-260). ''; ``(7) Online portal.-- ``(A) Borrowers.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall ensure that borrowers have access to an online portal that provides each borrower who signs on to such portal with the following: ``(i) Instructions on how to access the database under paragraph (6) so that the borrower can determine whether the borrower is employed in a public service job. ``(v) Instructions for the submission of any forms associated with such loan forgiveness, and an ability for the borrower to use the portal to electronically sign and submit such forms. b) Conforming Amendments.-- (1) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A), by inserting ``(13)(G),'' before ``(14)'', and (B) in paragraph (4) by inserting ``(13)(G),'' after ``(13)(D)(i),'' each place it appears. (

To expand and improve the Public Service Loan Forgiveness Program, and for other purposes. 3) in paragraph (3)-- (A) by amending subparagraph (A) to read as follows: ``(A) Eligible federal loan.--The term `eligible Federal Loan' means any loan made, insured, or guaranteed under part B, this part, or part E.''; (B) by redesignating subparagraph (B) as subparagraph (C), and by inserting before subparagraph (C) (as so redesignated) the following: ``(B) Monthly payment.--The term `monthly payment' means a loan payment of not less than the minimum monthly amount due, as required by law or the terms of the loan, based on the repayment plan applicable to the loan. ''; ); ''; and (4) by adding at the end the following new paragraphs: ``(5) Notices regarding pslf expansion and requirements.-- ``(A) General notice.--Not later than one year after the date of enactment of the Public Service Reward Act, the Secretary shall make publicly available, in simple and understandable terms, information about the loan forgiveness program under this subsection, the changes made to the program by the Public Service Reward Act, and how such changes may affect the eligibility of borrowers of eligible Federal loans for loan forgiveness under this subsection. ``(6) Database of public service jobs; data matching.-- ``(A) Database.--Not later than 18 months after the date of enactment of the Public Service Reward Act, the Secretary shall establish and maintain a publicly accessible database of employers that employ individuals in public service jobs. ( c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

Public Service Reward Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to: (1) forgive the appropriate amount of the balance due on any eligible Federal loan not in default for a borrower who, after October 1, 2007, has been employed full-time in a public service job for 12 months; and (2) This bill amends the Public Service Loan Forgiveness Act to: (1) increase the amount of forgiveness provided by the Department of Veterans Affairs (VA) to borrowers who have completed 12 months of employment and qualifying payments for federal loans and who have not received loan cancellation under this Act; and (2) provide for a temporary expanded Public Servicemembers' Loan Directs the Secretary of Labor to: (1) establish and maintain a publicly accessible database of employers that employ individuals in public service jobs; and (2) enter into data matching agreements with relevant federal agencies that possess records about the status of borrowers of eligible Federal loans as employees in such jobs for the purpose of eliminating the need for a borrower or an employer to submit a certification of employment Amends the Internal Revenue Code to require the Secretary of Education to disclose to any authorized person, only for the purpose of discharging loans, maintaining the public service jobs database, and entering into data matching agreements under the Higher Education Act of 1965, the following return information from an individual's tax return: (1) the employer identification number; (2) the name of each employer employing

H.R.1225

Government Operations and Politics

National Security Diversity and Inclusion Workforce Act of 2021 This bill requires each national security agency to report on its diversity and inclusion efforts. The bill defines diversity as diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. It also requires each such agency to The bill encourages agencies to expand professional development and career advancement opportunities that support their missions and to seek a diverse and talented pool of employment applicants by reaching out to educational organizations and professional associations.

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Diversity and Inclusion Workforce Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The greatest national asset of the United States in protecting the homeland and advancing the interests of the United States abroad is the talent and diversity of the national security workforce. (2) The United States has made important progress toward harnessing the extraordinary range of backgrounds, cultures, perspectives, skills, and experiences of the population of the United States toward keeping the United States safe and strong. (3) The 2015 National Security Strategy recognized that the diversity of the national security workforce of the United States is a strategic asset that enhances the ability of the United States to lead on the global stage. (4) In March 2011, the Military Leadership Diversity Commission demonstrated that minorities and women are still underrepresented among the top leadership of the Armed Forces, as compared with the members they lead. (5) Although African Americans, Latinos or Hispanics, Native Americans, and Asians represent 34 percent of the workforce of the United States, in 2016, only 10 and 13 percent, respectively, of the senior positions in the civil service and the Foreign Service at the Department of State were occupied by members of these groups. (6) As of 2015, African Americans, Latinos or Hispanics, Native Americans, and Asians represented only 22 percent of the officer corps of the Armed Forces, far less than the enlisted forces they lead, 40 percent of the members of which are from these groups. (7) In the intelligence community, African Americans, Latinos or Hispanics, Native Americans, and Asians represented 24 percent of the employees, but only 11 percent of the senior positions. (8) The percentages of Latinos or Hispanics as part of the overall Federal workforce and in senior positions in the Federal workforce are even lower, at 8 percent and 4 percent, respectively, as compared to the general population of the United States, which is 17 percent Latino or Hispanic. (9) Latinos or Hispanics represented only a fraction of the senior positions at the Department of State, 3 percent and 5 percent, respectively, for positions in the civil service and Foreign Service, only 1 percent for the officer corps of the Armed Forces, and 3 percent for senior positions in the intelligence community. (10) With regard to gender diversity, of the individuals in senior positions in the civil service or the Foreign Service at the Department of State 39 percent and 31 percent are female, respectively. For the Department of Defense, 24 percent of the individuals in senior civilian positions are female, of the senior grades of the Armed Forces, 8 percent of the officers are female, and 12 percent of enlisted members of the Armed Forces are females. Of the individuals in senior positions in the intelligence community, 29 percent are female, compared to the overall Federal workforce, which is 33.7 percent female. (11) In concert with the findings of the Military Leadership Diversity Commission, the amendments made by section 519 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1721) mandated that the Armed Forces develop and implement a plan to accurately measure the efforts of the Department of Defense and Coast Guard to ``achieve a dynamic, sustainable level of members of the armed forces (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, will reflect the diverse population of the United States eligible to serve in the armed forces, including gender specific, racial, and ethnic populations.''. (12) The amendments made by section 1011 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3643) called on the intelligence community to prescribe personnel policies and programs that ensure its personnel ``are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds''. (13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States that-- (1) in order to protect the homeland and advance the interests of the United States abroad, national security agencies of the Federal Government must have a workforce that reflects the rich composition and talent of its citizenry; (2) the skills, knowledge, perspectives, ideas, and experiences of all of the members of the workforce of national security agencies contribute to the vitality and success of their national security mission; (3) promoting diversity and inclusion within the national security workforce must be a joint effort and requires engagement by senior leadership, managers, and the entire workforce, as well as effective collaboration among those responsible for human resources, equal employment opportunity, and diversity and inclusion issues; and (4) as the United States becomes more diverse and the challenges it faces more complex, the United States must continue to invest in policies to recruit, retain, and develop the best and brightest from all segments of the population of the United States. SEC. 4. DEFINITIONS. In this Act: (1) Applicant flow data.--The term ``applicant flow data'' means data that tracks the rate of applications for job positions among demographic categories. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (3) Diversity.--The term ``diversity'' means diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. (4) Foreign service.--The term ``Foreign Service'' has the meaning given that term in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902). (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) National security agency.--The term ``national security agency'' means-- (A) the Department of State; (B) the United States Agency for International Development; (C) the Department of Defense; (D) the Armed Forces; (E) each element of the intelligence community; (F) the Office of International Affairs and the Office of Critical Infrastructure Protection of the Department of the Treasury; (G) the National Security Division of the Department of Justice and the Federal Bureau of Investigation; (H) the Department of Homeland Security; (I) the Foreign Agricultural Service of the Department of Agriculture; and (J) any other Federal agency that is primarily engaged in diplomacy, development, defense, intelligence, law enforcement, or homeland security. (7) Member of the foreign service.--The term ``member of the Foreign Service'' means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903). (8) Workforce.--The term ``workforce'' means an individual serving in a position-- (A) in the civil service (as defined in section 2101 of title 5, United States Code); (B) as a member of the Foreign Service; or (C) as an officer or enlisted member of an armed force. SEC. 5. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA. (a) Initial Reporting.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and subject to paragraph (3), the head of each national security agency shall make available to the public, the appropriate congressional committees, and the workforce of the national security agency a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the national security agency. (2) Contents.--A report made available under paragraph (1)-- (A) shall include unclassified reports and barrier analyses relating to diversity and inclusion efforts; (B) shall include aggregate demographic data-- (i) by segment of the workforce of the national security agency and grade or rank; (ii) relating to attrition and promotion rates; (iii) that addresses the compliance of the national security agency with validated inclusion metrics, such as the New Inclusion Quotient index score; and (iv) that provides demographic comparisons to the relevant nongovernmental labor force and the relevant civilian labor force; (C) shall include an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations; (D) shall include demographic data relating to participants in professional development programs of the national security agency and the rate of placement into senior positions for participants in such programs; (E) shall include any voluntarily collected demographic data relating to the membership of any external advisory committee or board to which individuals in senior positions in the national security agency appoint members; and (F) may include data in proportions or percentages to account for concerns relating to the protection of classified information. (3) Intelligence community.--The elements of the intelligence community may make available a single report with respect to the diversity and inclusion efforts of the workforce of the elements of the intelligence community under this subsection. (b) Updates.--After making available a report under subsection (a), the head of each national security agency shall annually provide a report (which may be provided as part of an annual report required under another provision of law) to the workforce of the national security agency (including senior leadership), the public, and the appropriate congressional committees that includes-- (1) demographic data and information on the status of diversity and inclusion efforts of the national security agency; (2) an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations; and (3) demographic data relating to participants in professional development programs of the national security agency and the rate of placement into senior positions for participants in such programs. (c) Expand the Collection and Analysis of Voluntary Applicant Flow Data.-- (1) In general.--The head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions. (2) Phased implementation.--The collection of applicant flow data may be implemented by the head of a national security agency in a phased approach commensurate with the resources available to the national security agency. (d) Identify Additional Categories for Voluntary Data Collection of Current Employees.-- (1) In general.--The head of each national security agency may submit to the Office of Management and Budget and to the appropriate congressional committees the recommendation of the head regarding whether the national security agency should voluntarily collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the statistical policy directive issued by the Office of Management and Budget entitled ``Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity''. (2) Process.--In making a recommendation under paragraph (1), the head of a national security agency shall-- (A) engage in close consultation with internal stakeholders, such as employee resource or affinity groups; (B) ensure that there is clear communication with the workforce of the national security agency-- (i) to explain the purpose of the potential collection of such data; and (ii) regarding legal protections relating to any anticipated use of such data; and (C) ensure adherence to relevant standards and guidance issued by the Federal Government. SEC. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS. (a) Conduct Stay and Exit Interviews or Surveys.-- (1) Retained members.--Each national security agency shall conduct periodic interviews with a representative cross-section of the members of the workforce of the national security agency to-- (A) understand the reasons of the members for remaining in a position in the national security agency; and (B) receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of the members to remain. (2) Departing members.--Each national security agency shall provide an opportunity for an exit interview or survey to each member of the workforce of the national security agency who separates from service with the national security agency, to understand better the reasons of the member for leaving. (3) Use of analysis from interviews and surveys.--Each national security agency shall analyze and use information obtained through interviews and surveys under paragraphs (1) and (2), including to evaluate-- (A) if and how the results of the interviews differ by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and (B) whether to implement any policy changes or make any recommendations as part of a report required under section 5. (b) Expand Provision of Professional Development and Career Advancement Opportunities.-- (1) In general.--Each national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency, such as-- (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in-- (i) private or international organizations; (ii) State, local, and tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. (2) Training for senior positions.-- (A) In general.--Each national security agency shall offer, or sponsor members of the workforce of the national security agency to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the national security agency on the skills required for appointment to senior positions in the national security agency. (B) Requirements.--In determining which members of the workforce of the national security agency are granted professional development or career advancement opportunities, a national security agency shall-- (i) ensure any program offered or sponsored by the national security agency under subparagraph (A) comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements; (ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs; (iii) understand how participation in any program offered or sponsored by the national security agency under subparagraph (A) differs by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and (iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation. (3) Tracking data.--Each national security agency shall-- (A) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; and (B) evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles. (c) Assignment Restrictions.-- (1) In general.--Each national security agency that places assignment restrictions on members of the workforce of the national security agency or otherwise prohibits certain geographic assignments due to a security determination shall ensure a review process exists for such a restriction or prohibition that is consistent with part 147 of title 32, Code of Federal Regulations (relating to adjudicative guidelines for determining eligibility for access to classified information), or any successor thereto, and any applicable counterintelligence considerations. (2) Notice.--Each national security agency shall ensure that members of the workforce of the national security agency affected by a restriction or prohibition described in paragraph (1) are informed of the right to seek review and the process for doing so. SEC. 7. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. (a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. (2) Outreach events.--Each national security agency shall create opportunities for individuals in senior positions and supervisors in the national security agency to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups. (b) Collect and Disseminate Voluntary Demographic Data of External Advisory Committees and Boards.--Each national security agency that has an external advisory committee or board to which individuals in senior positions in the national security agency appoint members is strongly encouraged by Congress to-- (1) collect voluntary demographic data from the members of committee or board; and (2) ensure the external advisory committee or board is developed, reviewed, and carried out by teams that represent the diversity of the organization. (c) Expand Training on Bias, Inclusion, and Flexible Work Policies.-- (1) In general.--Each national security agency shall-- (A) expand the provision of training on bias, including implicit or unconscious bias, micro- inequities, inclusion, and flexible work policies to the workforce of the national security agency; and (B) make micro-inequities and bias training, including on implicit or unconscious bias, mandatory for-- (i) individuals in senior positions in the national security agency; (ii) other individuals holding management positions in the national security agency; and (iii) individuals in positions at the national security agency having responsibilities relating to outreach, recruitment, hiring, career development, promotion, or security clearance adjudication. (2) Phased implementation.--The provision of training required under paragraph (1) may be implemented in a phased approach commensurate with the resources of the national security agency. (3) Low inclusion scores.--Each national security agency shall make available training on implicit or unconscious bias for members of the workforce of a bureau, directorate, division, office, or other component of the national security agency the inclusion scores of which, such as those measured by the New Inclusion Quotient index score, rank below the average for the national security agency for a period of 3 years or longer. (4) Best practices.--Each national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions. SEC. 8. RECRUITMENT. (a) In General.--Each national security agency should-- (1) continue to seek a diverse and talented pool of applicants; (2) have diversity recruitment as a goal of the human resources department or equivalent entity, with outreach at appropriate colleges, universities, and diversity organizations and professional associations; and (3) intensify, identify, and build relationships with qualified potential minority candidates. (b) Scope.--The diversity recruitment initiatives described in subsection (a) should include-- (1) recruiting at historically Black colleges and universities, Hispanic-serving institutions, women's colleges, and colleges that typically serve majority minority populations; (2) sponsoring and recruiting at job fairs in urban communities; (3) placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups; (4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; and (5) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals. SEC. 9. GENERAL PROVISIONS. (a) Rule of Construction.--Nothing in this Act shall be construed to impair or otherwise affect-- (1) the authority granted by law to an executive department, agency, or the head thereof, or the status of that executive department or agency within the Federal Government; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Implementation.--This Act shall be implemented consistent with applicable law. (c) No Private Right of Action.--This Act is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. <all>

National Security Diversity and Inclusion Workforce Act of 2021

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes.

National Security Diversity and Inclusion Workforce Act of 2021

Rep. Connolly, Gerald E.

D

VA

This bill requires each national security agency to report on its diversity and inclusion efforts. The bill defines diversity as diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. It also requires each such agency to The bill encourages agencies to expand professional development and career advancement opportunities that support their missions and to seek a diverse and talented pool of employment applicants by reaching out to educational organizations and professional associations.

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. SHORT TITLE. 2. FINDINGS. (2) The United States has made important progress toward harnessing the extraordinary range of backgrounds, cultures, perspectives, skills, and experiences of the population of the United States toward keeping the United States safe and strong. (9) Latinos or Hispanics represented only a fraction of the senior positions at the Department of State, 3 percent and 5 percent, respectively, for positions in the civil service and Foreign Service, only 1 percent for the officer corps of the Armed Forces, and 3 percent for senior positions in the intelligence community. 3643) called on the intelligence community to prescribe personnel policies and programs that ensure its personnel ``are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds''. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. 3. STATEMENT OF POLICY. 4. In this Act: (1) Applicant flow data.--The term ``applicant flow data'' means data that tracks the rate of applications for job positions among demographic categories. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (7) Member of the foreign service.--The term ``member of the Foreign Service'' means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS. (3) Use of analysis from interviews and surveys.--Each national security agency shall analyze and use information obtained through interviews and surveys under paragraphs (1) and (2), including to evaluate-- (A) if and how the results of the interviews differ by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and (B) whether to implement any policy changes or make any recommendations as part of a report required under section 5. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. 8. RECRUITMENT. SEC. GENERAL PROVISIONS. (a) Rule of Construction.--Nothing in this Act shall be construed to impair or otherwise affect-- (1) the authority granted by law to an executive department, agency, or the head thereof, or the status of that executive department or agency within the Federal Government; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Implementation.--This Act shall be implemented consistent with applicable law.

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 2. (2) The United States has made important progress toward harnessing the extraordinary range of backgrounds, cultures, perspectives, skills, and experiences of the population of the United States toward keeping the United States safe and strong. (9) Latinos or Hispanics represented only a fraction of the senior positions at the Department of State, 3 percent and 5 percent, respectively, for positions in the civil service and Foreign Service, only 1 percent for the officer corps of the Armed Forces, and 3 percent for senior positions in the intelligence community. 3643) called on the intelligence community to prescribe personnel policies and programs that ensure its personnel ``are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds''. 3. STATEMENT OF POLICY. 4. In this Act: (1) Applicant flow data.--The term ``applicant flow data'' means data that tracks the rate of applications for job positions among demographic categories. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (7) Member of the foreign service.--The term ``member of the Foreign Service'' means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. 8. RECRUITMENT. SEC. GENERAL PROVISIONS. (b) Implementation.--This Act shall be implemented consistent with applicable law.

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. SHORT TITLE. 2. FINDINGS. (2) The United States has made important progress toward harnessing the extraordinary range of backgrounds, cultures, perspectives, skills, and experiences of the population of the United States toward keeping the United States safe and strong. (9) Latinos or Hispanics represented only a fraction of the senior positions at the Department of State, 3 percent and 5 percent, respectively, for positions in the civil service and Foreign Service, only 1 percent for the officer corps of the Armed Forces, and 3 percent for senior positions in the intelligence community. For the Department of Defense, 24 percent of the individuals in senior civilian positions are female, of the senior grades of the Armed Forces, 8 percent of the officers are female, and 12 percent of enlisted members of the Armed Forces are females. 3643) called on the intelligence community to prescribe personnel policies and programs that ensure its personnel ``are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds''. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. 3. STATEMENT OF POLICY. 4. In this Act: (1) Applicant flow data.--The term ``applicant flow data'' means data that tracks the rate of applications for job positions among demographic categories. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (7) Member of the foreign service.--The term ``member of the Foreign Service'' means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. (3) Intelligence community.--The elements of the intelligence community may make available a single report with respect to the diversity and inclusion efforts of the workforce of the elements of the intelligence community under this subsection. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS. (3) Use of analysis from interviews and surveys.--Each national security agency shall analyze and use information obtained through interviews and surveys under paragraphs (1) and (2), including to evaluate-- (A) if and how the results of the interviews differ by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and (B) whether to implement any policy changes or make any recommendations as part of a report required under section 5. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. (2) Outreach events.--Each national security agency shall create opportunities for individuals in senior positions and supervisors in the national security agency to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups. (b) Collect and Disseminate Voluntary Demographic Data of External Advisory Committees and Boards.--Each national security agency that has an external advisory committee or board to which individuals in senior positions in the national security agency appoint members is strongly encouraged by Congress to-- (1) collect voluntary demographic data from the members of committee or board; and (2) ensure the external advisory committee or board is developed, reviewed, and carried out by teams that represent the diversity of the organization. 8. RECRUITMENT. SEC. GENERAL PROVISIONS. (a) Rule of Construction.--Nothing in this Act shall be construed to impair or otherwise affect-- (1) the authority granted by law to an executive department, agency, or the head thereof, or the status of that executive department or agency within the Federal Government; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Implementation.--This Act shall be implemented consistent with applicable law.

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. SHORT TITLE. 2. FINDINGS. (2) The United States has made important progress toward harnessing the extraordinary range of backgrounds, cultures, perspectives, skills, and experiences of the population of the United States toward keeping the United States safe and strong. (9) Latinos or Hispanics represented only a fraction of the senior positions at the Department of State, 3 percent and 5 percent, respectively, for positions in the civil service and Foreign Service, only 1 percent for the officer corps of the Armed Forces, and 3 percent for senior positions in the intelligence community. For the Department of Defense, 24 percent of the individuals in senior civilian positions are female, of the senior grades of the Armed Forces, 8 percent of the officers are female, and 12 percent of enlisted members of the Armed Forces are females. 3643) called on the intelligence community to prescribe personnel policies and programs that ensure its personnel ``are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds''. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. 3. STATEMENT OF POLICY. 4. DEFINITIONS. In this Act: (1) Applicant flow data.--The term ``applicant flow data'' means data that tracks the rate of applications for job positions among demographic categories. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. 3902). 3003). (7) Member of the foreign service.--The term ``member of the Foreign Service'' means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903). (3) Intelligence community.--The elements of the intelligence community may make available a single report with respect to the diversity and inclusion efforts of the workforce of the elements of the intelligence community under this subsection. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS. (3) Use of analysis from interviews and surveys.--Each national security agency shall analyze and use information obtained through interviews and surveys under paragraphs (1) and (2), including to evaluate-- (A) if and how the results of the interviews differ by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and (B) whether to implement any policy changes or make any recommendations as part of a report required under section 5. (b) Expand Provision of Professional Development and Career Advancement Opportunities.-- (1) In general.--Each national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency, such as-- (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in-- (i) private or international organizations; (ii) State, local, and tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. (a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. (2) Outreach events.--Each national security agency shall create opportunities for individuals in senior positions and supervisors in the national security agency to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups. (b) Collect and Disseminate Voluntary Demographic Data of External Advisory Committees and Boards.--Each national security agency that has an external advisory committee or board to which individuals in senior positions in the national security agency appoint members is strongly encouraged by Congress to-- (1) collect voluntary demographic data from the members of committee or board; and (2) ensure the external advisory committee or board is developed, reviewed, and carried out by teams that represent the diversity of the organization. (3) Low inclusion scores.--Each national security agency shall make available training on implicit or unconscious bias for members of the workforce of a bureau, directorate, division, office, or other component of the national security agency the inclusion scores of which, such as those measured by the New Inclusion Quotient index score, rank below the average for the national security agency for a period of 3 years or longer. (4) Best practices.--Each national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions. 8. RECRUITMENT. SEC. GENERAL PROVISIONS. (a) Rule of Construction.--Nothing in this Act shall be construed to impair or otherwise affect-- (1) the authority granted by law to an executive department, agency, or the head thereof, or the status of that executive department or agency within the Federal Government; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Implementation.--This Act shall be implemented consistent with applicable law.

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 3) The 2015 National Security Strategy recognized that the diversity of the national security workforce of the United States is a strategic asset that enhances the ability of the United States to lead on the global stage. ( (5) Although African Americans, Latinos or Hispanics, Native Americans, and Asians represent 34 percent of the workforce of the United States, in 2016, only 10 and 13 percent, respectively, of the senior positions in the civil service and the Foreign Service at the Department of State were occupied by members of these groups. ( 7) In the intelligence community, African Americans, Latinos or Hispanics, Native Americans, and Asians represented 24 percent of the employees, but only 11 percent of the senior positions. ( (10) With regard to gender diversity, of the individuals in senior positions in the civil service or the Foreign Service at the Department of State 39 percent and 31 percent are female, respectively. 11) In concert with the findings of the Military Leadership Diversity Commission, the amendments made by section 519 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 3643) called on the intelligence community to prescribe personnel policies and programs that ensure its personnel ``are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds''. ( 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. In this Act: (1) Applicant flow data.--The term ``applicant flow data'' means data that tracks the rate of applications for job positions among demographic categories. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. ( 4) Foreign service.--The term ``Foreign Service'' has the meaning given that term in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902). ( 7) Member of the foreign service.--The term ``member of the Foreign Service'' means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903). ( 8) Workforce.--The term ``workforce'' means an individual serving in a position-- (A) in the civil service (as defined in section 2101 of title 5, United States Code); (B) as a member of the Foreign Service; or (C) as an officer or enlisted member of an armed force. (a) Initial Reporting.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and subject to paragraph (3), the head of each national security agency shall make available to the public, the appropriate congressional committees, and the workforce of the national security agency a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the national security agency. 3) Intelligence community.--The elements of the intelligence community may make available a single report with respect to the diversity and inclusion efforts of the workforce of the elements of the intelligence community under this subsection. c) Expand the Collection and Analysis of Voluntary Applicant Flow Data.-- (1) In general.--The head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions. ( 2) Phased implementation.--The collection of applicant flow data may be implemented by the head of a national security agency in a phased approach commensurate with the resources available to the national security agency. 2) Process.--In making a recommendation under paragraph (1), the head of a national security agency shall-- (A) engage in close consultation with internal stakeholders, such as employee resource or affinity groups; (B) ensure that there is clear communication with the workforce of the national security agency-- (i) to explain the purpose of the potential collection of such data; and (ii) regarding legal protections relating to any anticipated use of such data; and (C) ensure adherence to relevant standards and guidance issued by the Federal Government. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS. (a) Conduct Stay and Exit Interviews or Surveys.-- (1) Retained members.--Each national security agency shall conduct periodic interviews with a representative cross-section of the members of the workforce of the national security agency to-- (A) understand the reasons of the members for remaining in a position in the national security agency; and (B) receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of the members to remain. ( 2) Departing members.--Each national security agency shall provide an opportunity for an exit interview or survey to each member of the workforce of the national security agency who separates from service with the national security agency, to understand better the reasons of the member for leaving. ( (b) Expand Provision of Professional Development and Career Advancement Opportunities.-- (1) In general.--Each national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency, such as-- (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in-- (i) private or international organizations; (ii) State, local, and tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. ( 2) Training for senior positions.-- (A) In general.--Each national security agency shall offer, or sponsor members of the workforce of the national security agency to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the national security agency on the skills required for appointment to senior positions in the national security agency. 3) Tracking data.--Each national security agency shall-- (A) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; and (B) evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles. (c) Assignment Restrictions.-- (1) In general.--Each national security agency that places assignment restrictions on members of the workforce of the national security agency or otherwise prohibits certain geographic assignments due to a security determination shall ensure a review process exists for such a restriction or prohibition that is consistent with part 147 of title 32, Code of Federal Regulations (relating to adjudicative guidelines for determining eligibility for access to classified information), or any successor thereto, and any applicable counterintelligence considerations. ( a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( (b) Collect and Disseminate Voluntary Demographic Data of External Advisory Committees and Boards.--Each national security agency that has an external advisory committee or board to which individuals in senior positions in the national security agency appoint members is strongly encouraged by Congress to-- (1) collect voluntary demographic data from the members of committee or board; and (2) ensure the external advisory committee or board is developed, reviewed, and carried out by teams that represent the diversity of the organization. ( 2) Phased implementation.--The provision of training required under paragraph (1) may be implemented in a phased approach commensurate with the resources of the national security agency. (3) Low inclusion scores.--Each national security agency shall make available training on implicit or unconscious bias for members of the workforce of a bureau, directorate, division, office, or other component of the national security agency the inclusion scores of which, such as those measured by the New Inclusion Quotient index score, rank below the average for the national security agency for a period of 3 years or longer. ( 4) Best practices.--Each national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions. GENERAL PROVISIONS. ( a) Rule of Construction.--Nothing in this Act shall be construed to impair or otherwise affect-- (1) the authority granted by law to an executive department, agency, or the head thereof, or the status of that executive department or agency within the Federal Government; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 2) The United States has made important progress toward harnessing the extraordinary range of backgrounds, cultures, perspectives, skills, and experiences of the population of the United States toward keeping the United States safe and strong. ( 4) In March 2011, the Military Leadership Diversity Commission demonstrated that minorities and women are still underrepresented among the top leadership of the Armed Forces, as compared with the members they lead. ( (9) Latinos or Hispanics represented only a fraction of the senior positions at the Department of State, 3 percent and 5 percent, respectively, for positions in the civil service and Foreign Service, only 1 percent for the officer corps of the Armed Forces, and 3 percent for senior positions in the intelligence community. ( 10) With regard to gender diversity, of the individuals in senior positions in the civil service or the Foreign Service at the Department of State 39 percent and 31 percent are female, respectively. (13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. 3) Diversity.--The term ``diversity'' means diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. (4) Foreign service.--The term ``Foreign Service'' has the meaning given that term in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902). ( 7) Member of the foreign service.--The term ``member of the Foreign Service'' means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903). ( 3) Intelligence community.--The elements of the intelligence community may make available a single report with respect to the diversity and inclusion efforts of the workforce of the elements of the intelligence community under this subsection. ( (c) Expand the Collection and Analysis of Voluntary Applicant Flow Data.-- (1) In general.--The head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions. ( 2) Process.--In making a recommendation under paragraph (1), the head of a national security agency shall-- (A) engage in close consultation with internal stakeholders, such as employee resource or affinity groups; (B) ensure that there is clear communication with the workforce of the national security agency-- (i) to explain the purpose of the potential collection of such data; and (ii) regarding legal protections relating to any anticipated use of such data; and (C) ensure adherence to relevant standards and guidance issued by the Federal Government. (2) Departing members.--Each national security agency shall provide an opportunity for an exit interview or survey to each member of the workforce of the national security agency who separates from service with the national security agency, to understand better the reasons of the member for leaving. ( 2) Training for senior positions.-- (A) In general.--Each national security agency shall offer, or sponsor members of the workforce of the national security agency to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the national security agency on the skills required for appointment to senior positions in the national security agency. 3) Tracking data.--Each national security agency shall-- (A) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; and (B) evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles. ( 2) Notice.--Each national security agency shall ensure that members of the workforce of the national security agency affected by a restriction or prohibition described in paragraph (1) are informed of the right to seek review and the process for doing so. (a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( b) Collect and Disseminate Voluntary Demographic Data of External Advisory Committees and Boards.--Each national security agency that has an external advisory committee or board to which individuals in senior positions in the national security agency appoint members is strongly encouraged by Congress to-- (1) collect voluntary demographic data from the members of committee or board; and (2) ensure the external advisory committee or board is developed, reviewed, and carried out by teams that represent the diversity of the organization. ( (3) Low inclusion scores.--Each national security agency shall make available training on implicit or unconscious bias for members of the workforce of a bureau, directorate, division, office, or other component of the national security agency the inclusion scores of which, such as those measured by the New Inclusion Quotient index score, rank below the average for the national security agency for a period of 3 years or longer. ( 4) Best practices.--Each national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions. (c) No Private Right of Action.--This Act is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. ( (c) Expand the Collection and Analysis of Voluntary Applicant Flow Data.-- (1) In general.--The head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions. ( 3) Tracking data.--Each national security agency shall-- (A) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; and (B) evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles. ( (a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( 4) Best practices.--Each national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions. (

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 10) With regard to gender diversity, of the individuals in senior positions in the civil service or the Foreign Service at the Department of State 39 percent and 31 percent are female, respectively. ( 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. 7) Member of the foreign service.--The term ``member of the Foreign Service'' means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903). ( 8) Workforce.--The term ``workforce'' means an individual serving in a position-- (A) in the civil service (as defined in section 2101 of title 5, United States Code); (B) as a member of the Foreign Service; or (C) as an officer or enlisted member of an armed force. ( a) Initial Reporting.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and subject to paragraph (3), the head of each national security agency shall make available to the public, the appropriate congressional committees, and the workforce of the national security agency a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the national security agency. ( 2) Phased implementation.--The collection of applicant flow data may be implemented by the head of a national security agency in a phased approach commensurate with the resources available to the national security agency. a) Conduct Stay and Exit Interviews or Surveys.-- (1) Retained members.--Each national security agency shall conduct periodic interviews with a representative cross-section of the members of the workforce of the national security agency to-- (A) understand the reasons of the members for remaining in a position in the national security agency; and (B) receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of the members to remain. ( ( (b) Expand Provision of Professional Development and Career Advancement Opportunities.-- (1) In general.--Each national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency, such as-- (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in-- (i) private or international organizations; (ii) State, local, and tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. ( 2) Training for senior positions.-- (A) In general.--Each national security agency shall offer, or sponsor members of the workforce of the national security agency to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the national security agency on the skills required for appointment to senior positions in the national security agency. (c) Assignment Restrictions.-- (1) In general.--Each national security agency that places assignment restrictions on members of the workforce of the national security agency or otherwise prohibits certain geographic assignments due to a security determination shall ensure a review process exists for such a restriction or prohibition that is consistent with part 147 of title 32, Code of Federal Regulations (relating to adjudicative guidelines for determining eligibility for access to classified information), or any successor thereto, and any applicable counterintelligence considerations. ( a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( ( ( 2) Phased implementation.--The provision of training required under paragraph (1) may be implemented in a phased approach commensurate with the resources of the national security agency. ( 3) Low inclusion scores.--Each national security agency shall make available training on implicit or unconscious bias for members of the workforce of a bureau, directorate, division, office, or other component of the national security agency the inclusion scores of which, such as those measured by the New Inclusion Quotient index score, rank below the average for the national security agency for a period of 3 years or longer. (

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. ( (c) Expand the Collection and Analysis of Voluntary Applicant Flow Data.-- (1) In general.--The head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions. ( 3) Tracking data.--Each national security agency shall-- (A) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; and (B) evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles. ( (a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( 4) Best practices.--Each national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions. (

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. ( a) Initial Reporting.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and subject to paragraph (3), the head of each national security agency shall make available to the public, the appropriate congressional committees, and the workforce of the national security agency a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the national security agency. ( 2) Phased implementation.--The collection of applicant flow data may be implemented by the head of a national security agency in a phased approach commensurate with the resources available to the national security agency. ( ( (b) Expand Provision of Professional Development and Career Advancement Opportunities.-- (1) In general.--Each national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency, such as-- (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in-- (i) private or international organizations; (ii) State, local, and tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. ( 2) Training for senior positions.-- (A) In general.--Each national security agency shall offer, or sponsor members of the workforce of the national security agency to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the national security agency on the skills required for appointment to senior positions in the national security agency. ( ( a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( ( ( 2) Phased implementation.--The provision of training required under paragraph (1) may be implemented in a phased approach commensurate with the resources of the national security agency. (

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. ( (c) Expand the Collection and Analysis of Voluntary Applicant Flow Data.-- (1) In general.--The head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions. ( 3) Tracking data.--Each national security agency shall-- (A) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; and (B) evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles. ( (a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( 4) Best practices.--Each national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions. (

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. ( a) Initial Reporting.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and subject to paragraph (3), the head of each national security agency shall make available to the public, the appropriate congressional committees, and the workforce of the national security agency a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the national security agency. ( 2) Phased implementation.--The collection of applicant flow data may be implemented by the head of a national security agency in a phased approach commensurate with the resources available to the national security agency. ( ( (b) Expand Provision of Professional Development and Career Advancement Opportunities.-- (1) In general.--Each national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency, such as-- (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in-- (i) private or international organizations; (ii) State, local, and tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. ( 2) Training for senior positions.-- (A) In general.--Each national security agency shall offer, or sponsor members of the workforce of the national security agency to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the national security agency on the skills required for appointment to senior positions in the national security agency. ( ( a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( ( ( 2) Phased implementation.--The provision of training required under paragraph (1) may be implemented in a phased approach commensurate with the resources of the national security agency. (

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. ( (c) Expand the Collection and Analysis of Voluntary Applicant Flow Data.-- (1) In general.--The head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions. ( 3) Tracking data.--Each national security agency shall-- (A) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; and (B) evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles. ( (a) Reward and Recognize Efforts To Promote Diversity and Inclusion.-- (1) In general.--Each national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities. ( 4) Best practices.--Each national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions. (

To improve diversity and inclusion in the workforce of national security agencies, and for other purposes. 13) The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society. ( ( ( (b) Expand Provision of Professional Development and Career Advancement Opportunities.-- (1) In general.--Each national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency, such as-- (A) academic programs; (B) private-public exchanges; and (C) detail assignments to relevant positions in-- (i) private or international organizations; (ii) State, local, and tribal governments; (iii) other branches of the Federal Government; or (iv) professional schools of international affairs. ( 2) Training for senior positions.-- (A) In general.--Each national security agency shall offer, or sponsor members of the workforce of the national security agency to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the national security agency on the skills required for appointment to senior positions in the national security agency. ( (

National Security Diversity and Inclusion Workforce Act of 2021 This bill expresses the sense of Congress that the greatest national asset of the United States in protecting the homeland and advancing the interests of the U.S. abroad is the talent and diversity of the national security workforce. To improve diversity and inclusion in the workforce, the Department of State (DHS) must: (1) promote a Directs the head of each national security agency (NSA) to make available to the public, the appropriate congressional committees, and the workforce of the agency a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the NSA's workforce. (Sec. 5) Requires the NSA head to make such report available annually to the congressional intelligence committees and the national security workforce Authorizes each national security agency to: (1) conduct periodic interviews with a representative cross-section of its members to understand their reasons for remaining in a position; and (2) receive feedback on workplace policies, professional development opportunities, and other issues affecting their decision to remain. (3) provide an opportunity for an exit interview or survey to each member of the workforce who separates from Requires each national security agency (NSA) to: (1) expand the provision of training on bias, including implicit or unconscious bias, micro- inequities, inclusion, and flexible work policies, to its workforce; and (2) make micro-inequities and bias training mandatory for: senior agency employees, other agency management positions, and individuals in positions relating to outreach

H.R.4104

Armed Forces and National Security

Vanessa Guillén Military Justice Improvement and Increasing Prevention Act This bill modifies the process and policy related to the disposition of charges and convening of courts-martial for certain sexual assault cases and other specified offenses under the Uniform Code of Military Justice (UCMJ). Among other elements, the bill provides that the determinations on the preferral, disposition, and referral of charges for specified offenses under the UCMJ must be made by a commissioned officer of the Armed Forces who is designated as a court-martial convening authority (in grade O-6 or higher) and who is available for detail as trial counsel, has significant trial experience, and is outside the chain of command of the member subject to the charges.

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vanessa Guillen Military Justice Improvement and Increasing Prevention Act''. SEC. 2. IMPROVEMENT OF DETERMINATIONS ON DISPOSITION OF CHARGES FOR CERTAIN OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR. (a) Improvement of Determinations.-- (1) Military departments.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. (C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). (2) Homeland security.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c) against a member of the Coast Guard (when it is not operating as a service in the Navy), the Secretary of Homeland Security shall provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. (C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). (3) Rule of construction.--This section shall not be construed to terminate or otherwise alter the authorities enumerated in any articles of the Uniform Code of Military Justice other than articles 22, 23, and 30 (10 U.S.C. 822, 823, and 830). (b) Covered Offenses.--An offense specified in this subsection is an offense as follows: (1)(A) Offenses under the following sections of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), for which the maximum punishment authorized under that chapter includes confinement for more than one year: sections 893a, 917a, 918, 919, 919a, 919b, 920, 920a, 920b, 920c, 921, 921a, 921b, 922, 924, 924a, 924b, 925, 926, 927, 928(b) and (c), 928a, 928b, 930, 931, 931a, 931b, 931c, 931d, 931e, 931f, 931g, and 932 (articles 93a, 117a, 118, 119, 119a, 119b, 120, 120a, 120b, 120c, 121, 121a, 121b, 122, 124, 124a, 124b, 125, 126, 127, 128(b) and (c), 128a, 128b, 130, 131, 131a, 131b, 131c, 131d, 131e, 131f, 131g, and 132, respectively, of the Uniform Code of Military Justice). (B) The offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution, as punishable under the general punitive article in 934 of such title (article 134 of the Uniform Code of Military Justice). (2) A conspiracy to commit an offense specified in paragraph (1) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). (3) A solicitation to commit an offense specified in paragraph (1) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). (4) An attempt to commit an offense specified in paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (c) Excluded Offenses.--Subsection (a) does not apply to an offense as follows: (1) An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice), but not an offense under section 893a of such title (article 93a of the Uniform Code of Military Justice). (2) An offense under section 922a, 923, 923a, or 928(a) of title 10, United States Code (articles 122a, 123, 123a, and 128(a) of the Uniform Code of Military Justice). (3) An offense under section 933 or 934 of title 10, United States Code (articles 133 and 134 of the Uniform Code of Military Justice), but not the offense of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, or pandering and prostitution as punishable under the general punitive article in section 934 of such title (article 134 of the Uniform Code of Military Justice). (4) A conspiracy to commit an offense specified in paragraphs (1) through (3) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). (5) A solicitation to commit an offense specified in paragraphs (1) through (3) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). (6) An attempt to commit an offense specified in paragraphs (1) through (3) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (d) Requirements and Limitations.--The disposition of charges covered by subsection (a) shall be subject to the following: (1) The determination whether to cause charges to be preferred or refer such charges to a court-martial for trial, as applicable, shall be made by a commissioned officer of the Armed Forces designated as a court-martial convening authority in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O-6 or higher who-- (A) are available for detail as trial counsel under section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice); (B) have significant experience in trials by general or special court-martial; and (C) are outside the chain of command of the member subject to such charges. (2) Upon a determination under paragraph (1) to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). (3) A determination under paragraph (1) to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall cover all known offenses, including lesser included offenses. (4) The determination to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, under paragraph (1), and the type of court-martial to which to refer under paragraph (2), shall be binding on any applicable convening authority for the referral of such charges. (5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. (6) The determination under paragraph (1) not to refer charges to a general or special court-martial for trial shall not operate to terminate or otherwise alter the authority of commanding officers to refer charges for trial by special court-martial under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice) or summary court-martial convened under section 824 of title 10, United States Code (article 24 of the Uniform Code of Military Justice), or to impose non-judicial punishment in connection with the conduct covered by such charges as authorized by section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice). (7) The determination under paragraph (1) to refer charges to a general or special court-martial shall not be subject to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), provided that the officer making the determination determines that-- (A) the specification alleges an offense under the Uniform Code of Military Justice; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense. (e) Construction With Charges on Other Offenses.--Nothing in this section shall be construed to alter or affect the preferral, disposition, or referral authority of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense for which the maximum punishment authorized under that chapter includes confinement for one year or less, except for the offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution as punishable under the general punitive article in section 934 of such title (article 134 of the Uniform Code of Military Justice). (f) Policies and Procedures.-- (1) In general.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section. (2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. (g) Manual for Courts-Martial.--The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this section. (h) Improved Specialization of Criminal Investigators.--The Secretary of Defense shall revise policies and procedures as necessary to improve specialization of criminal investigators to help increase the efficiency and effectiveness of sexual assault and domestic violence investigations. SEC. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR. (a) In General.--Subsection (a) of section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), is amended-- (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following new paragraph (8): ``(8) with respect to offenses to which section 2(a) of the Military Justice Improvement and Increasing Prevention Act of 2021 applies, the officers in the offices established pursuant to section 3(c) of that Act or officers in the grade of O-6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the Commandant of the Coast Guard;''. (b) No Exercise by Officers in Chain of Command of Accused or Victim.--Such section (article) is further amended by adding at the end the following new subsection: ``(c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim.''. (c) Offices of Chiefs of Staff on Courts-Martial.-- (1) Offices required.--Each Chief of Staff of the Armed Forces or Commandant specified in paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by subsection (a), shall establish an office to do the following: (A) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code (articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as so amended, with respect to offenses to which section 2(a) applies. (B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). (2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. The members and personnel so detailed or assigned, as the case may be, shall be detailed or assigned from personnel billets in existence as of the effective date for this Act specified in section 10. SEC. 4. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND RESOURCES. (a) In General.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall carry out sections 2 and 3 using personnel, funds, and resources otherwise authorized by law. (b) No Authorization of Additional Personnel or Resources.-- Sections 2 and 3 shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections. SEC. 5. MONITORING AND ASSESSMENT OF MODIFICATION OF AUTHORITIES BY DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED FORCES. Section 546(c) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended-- (1) in paragraph (1)-- (A) by striking ``on the investigation'' and inserting ``on the following: ``(A) The investigation''; and (B) by adding at the end the following new subparagraph: ``(B) The implementation and efficacy of sections 2 through 4 of the Military Justice Improvement and Increasing Prevention Act of 2021 and the amendments made by such sections.''; and (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. SEC. 6. LIMITATION ON MODIFICATIONS TO SEXUAL ASSAULT REPORTING PROCEDURES. (a) In General.--The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. (b) Congressional Defense Committees Defined.--In this section, the term ``congressional defense committees'' has the meaning given the term in section 101(a) of title 10, United States Code. SEC. 7. PROFESSIONALIZATION OF MILITARY PROSECUTORS. (a) In General.--The Secretary of Defense shall increase enhanced and specialized training to certain prosecutors on the proper conduct, presentation, and handling of sexual assault and domestic violence cases. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program implemented under subsection (a). SEC. 8. INCREASED TRAINING AND EDUCATION ON MILITARY SEXUAL ASSAULT. (a) Uniformed Officers and Senior Enlisted Leaders.-- (1) Uniformed officers.--All uniformed officers of the military services shall be required within 2 years of the date of the enactment of this Act to complete training on military sexual assault prevention equivalent to that provided to Sexual Assault Prevention and Response Victim Advocates before those officers may be considered for promotion to a grade at or above O-5. A portion of this training shall be in-person, facilitated training. (2) Enlisted leaders.--All senior enlisted leaders of the military services will be required within 2 years of the date of the enactment of this Act to complete a training on military sexual assault prevention equivalent to that provided to the Sexual Assault Prevention and Response Victim Advocates before enlisted service members may be considered for promotion to a grade at or above E-9. A portion of this training shall be in- person, facilitated training. (b) Officer Candidates and ROTC.-- (1) In general.--The United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall carry out a program for increasing training on the prevention of military sexual assault within cadet ranks. A portion of this training shall be in-person, facilitated training. (2) Report on development of plan.--Not later than one year after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the development of the program required under paragraph (1) and a plan for execution. (3) Report on implementation.--Not later than two years after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the implementation of the program required under paragraph (1). (c) Military Service Academies.-- (1) In general.--The Superintendents of the military service academies shall carry out additional military sexual assault prevent training and education at the academies. A portion of this training shall be in-person, facilitated training. (2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). SEC. 9. INCREASING THE PHYSICAL SECURITY OF MILITARY INSTALLATIONS. (a) Survey.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall conduct a survey of all lodging and living spaces on military installations to identify, replace, or repair locking mechanisms on points of entry, identify areas of installation of closed-circuit television (CCTV) security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the survey conducted under subsection (a). (c) Program.--Based on the results of the survey conducted under subsection (a), the Secretary of Defense shall carry out a program for increasing the security of all lodging and living spaces on military installations, including replacing or repairing locking mechanisms on points of entry, installation of CCTV security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. SEC. 10. EFFECTIVE DATE AND APPLICABILITY. (a) Effective Date and Applicability.--This Act and the amendments made by this Act shall take effect one year after the date of the enactment of this Act, and shall apply with respect to any allegation of charges of an offense specified in subsection (b) of section 2, and not excluded under subsection (c) of section 2, which offense occurs on or after such effective date. (b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a). <all>

Vanessa Guillén Military Justice Improvement and Increasing Prevention Act

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military.

Vanessa Guillén Military Justice Improvement and Increasing Prevention Act

Rep. Speier, Jackie

D

CA

This bill modifies the process and policy related to the disposition of charges and convening of courts-martial for certain sexual assault cases and other specified offenses under the Uniform Code of Military Justice (UCMJ). Among other elements, the bill provides that the determinations on the preferral, disposition, and referral of charges for specified offenses under the UCMJ must be made by a commissioned officer of the Armed Forces who is designated as a court-martial convening authority (in grade O-6 or higher) and who is available for detail as trial counsel, has significant trial experience, and is outside the chain of command of the member subject to the charges.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. 822, 823, and 830). (B) The offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution, as punishable under the general punitive article in 934 of such title (article 134 of the Uniform Code of Military Justice). (4) The determination to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, under paragraph (1), and the type of court-martial to which to refer under paragraph (2), shall be binding on any applicable convening authority for the referral of such charges. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR. (2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. 4. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND RESOURCES. 5. Section 546(c) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. ''; and (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. 6. LIMITATION ON MODIFICATIONS TO SEXUAL ASSAULT REPORTING PROCEDURES. 7. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program implemented under subsection (a). 8. (b) Officer Candidates and ROTC.-- (1) In general.--The United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall carry out a program for increasing training on the prevention of military sexual assault within cadet ranks. A portion of this training shall be in-person, facilitated training. 9. SEC. 10. EFFECTIVE DATE AND APPLICABILITY. (b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. 822, 823, and 830). (B) The offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution, as punishable under the general punitive article in 934 of such title (article 134 of the Uniform Code of Military Justice). 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR. (2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. 4. 5. Section 546(c) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. ''; and (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. 6. LIMITATION ON MODIFICATIONS TO SEXUAL ASSAULT REPORTING PROCEDURES. 7. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program implemented under subsection (a). 8. (b) Officer Candidates and ROTC.-- (1) In general.--The United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall carry out a program for increasing training on the prevention of military sexual assault within cadet ranks. A portion of this training shall be in-person, facilitated training. 9. SEC. 10.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. (3) Rule of construction.--This section shall not be construed to terminate or otherwise alter the authorities enumerated in any articles of the Uniform Code of Military Justice other than articles 22, 23, and 30 (10 U.S.C. 822, 823, and 830). (B) The offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution, as punishable under the general punitive article in 934 of such title (article 134 of the Uniform Code of Military Justice). (4) The determination to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, under paragraph (1), and the type of court-martial to which to refer under paragraph (2), shall be binding on any applicable convening authority for the referral of such charges. (h) Improved Specialization of Criminal Investigators.--The Secretary of Defense shall revise policies and procedures as necessary to improve specialization of criminal investigators to help increase the efficiency and effectiveness of sexual assault and domestic violence investigations. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR. (b) No Exercise by Officers in Chain of Command of Accused or Victim.--Such section (article) is further amended by adding at the end the following new subsection: ``(c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim.''. (2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. 4. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND RESOURCES. 5. Section 546(c) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. ''; and (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. 6. LIMITATION ON MODIFICATIONS TO SEXUAL ASSAULT REPORTING PROCEDURES. 7. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program implemented under subsection (a). 8. (b) Officer Candidates and ROTC.-- (1) In general.--The United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall carry out a program for increasing training on the prevention of military sexual assault within cadet ranks. (c) Military Service Academies.-- (1) In general.--The Superintendents of the military service academies shall carry out additional military sexual assault prevent training and education at the academies. A portion of this training shall be in-person, facilitated training. 9. (c) Program.--Based on the results of the survey conducted under subsection (a), the Secretary of Defense shall carry out a program for increasing the security of all lodging and living spaces on military installations, including replacing or repairing locking mechanisms on points of entry, installation of CCTV security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. SEC. 10. EFFECTIVE DATE AND APPLICABILITY. (b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vanessa Guillen Military Justice Improvement and Increasing Prevention Act''. 2. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. (3) Rule of construction.--This section shall not be construed to terminate or otherwise alter the authorities enumerated in any articles of the Uniform Code of Military Justice other than articles 22, 23, and 30 (10 U.S.C. 822, 823, and 830). (b) Covered Offenses.--An offense specified in this subsection is an offense as follows: (1)(A) Offenses under the following sections of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), for which the maximum punishment authorized under that chapter includes confinement for more than one year: sections 893a, 917a, 918, 919, 919a, 919b, 920, 920a, 920b, 920c, 921, 921a, 921b, 922, 924, 924a, 924b, 925, 926, 927, 928(b) and (c), 928a, 928b, 930, 931, 931a, 931b, 931c, 931d, 931e, 931f, 931g, and 932 (articles 93a, 117a, 118, 119, 119a, 119b, 120, 120a, 120b, 120c, 121, 121a, 121b, 122, 124, 124a, 124b, 125, 126, 127, 128(b) and (c), 128a, 128b, 130, 131, 131a, 131b, 131c, 131d, 131e, 131f, 131g, and 132, respectively, of the Uniform Code of Military Justice). (B) The offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution, as punishable under the general punitive article in 934 of such title (article 134 of the Uniform Code of Military Justice). (4) The determination to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, under paragraph (1), and the type of court-martial to which to refer under paragraph (2), shall be binding on any applicable convening authority for the referral of such charges. (2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. (h) Improved Specialization of Criminal Investigators.--The Secretary of Defense shall revise policies and procedures as necessary to improve specialization of criminal investigators to help increase the efficiency and effectiveness of sexual assault and domestic violence investigations. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR. (b) No Exercise by Officers in Chain of Command of Accused or Victim.--Such section (article) is further amended by adding at the end the following new subsection: ``(c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim.''. (2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. 4. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND RESOURCES. 5. Section 546(c) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. ''; and (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. 6. LIMITATION ON MODIFICATIONS TO SEXUAL ASSAULT REPORTING PROCEDURES. 7. PROFESSIONALIZATION OF MILITARY PROSECUTORS. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program implemented under subsection (a). 8. (2) Enlisted leaders.--All senior enlisted leaders of the military services will be required within 2 years of the date of the enactment of this Act to complete a training on military sexual assault prevention equivalent to that provided to the Sexual Assault Prevention and Response Victim Advocates before enlisted service members may be considered for promotion to a grade at or above E-9. (b) Officer Candidates and ROTC.-- (1) In general.--The United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall carry out a program for increasing training on the prevention of military sexual assault within cadet ranks. (c) Military Service Academies.-- (1) In general.--The Superintendents of the military service academies shall carry out additional military sexual assault prevent training and education at the academies. A portion of this training shall be in-person, facilitated training. 9. (c) Program.--Based on the results of the survey conducted under subsection (a), the Secretary of Defense shall carry out a program for increasing the security of all lodging and living spaces on military installations, including replacing or repairing locking mechanisms on points of entry, installation of CCTV security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. SEC. 10. EFFECTIVE DATE AND APPLICABILITY. (b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. a) Improvement of Determinations.-- (1) Military departments.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. ( (C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). ( C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). ( 822, 823, and 830). ( 3) A solicitation to commit an offense specified in paragraph (1) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). (4) An attempt to commit an offense specified in paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). ( c) Excluded Offenses.--Subsection (a) does not apply to an offense as follows: (1) An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice), but not an offense under section 893a of such title (article 93a of the Uniform Code of Military Justice). ( (5) A solicitation to commit an offense specified in paragraphs (1) through (3) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). ( 6) An attempt to commit an offense specified in paragraphs (1) through (3) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). ( (2) Upon a determination under paragraph (1) to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. 7) The determination under paragraph (1) to refer charges to a general or special court-martial shall not be subject to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), provided that the officer making the determination determines that-- (A) the specification alleges an offense under the Uniform Code of Military Justice; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense. f) Policies and Procedures.-- (1) In general.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section. ( 2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. (g) Manual for Courts-Martial.--The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this section. ( h) Improved Specialization of Criminal Investigators.--The Secretary of Defense shall revise policies and procedures as necessary to improve specialization of criminal investigators to help increase the efficiency and effectiveness of sexual assault and domestic violence investigations. (b) No Exercise by Officers in Chain of Command of Accused or Victim.--Such section (article) is further amended by adding at the end the following new subsection: ``(c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim.''. ( B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). (2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. b) No Authorization of Additional Personnel or Resources.-- Sections 2 and 3 shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections. 1561 note) is amended-- (1) in paragraph (1)-- (A) by striking ``on the investigation'' and inserting ``on the following: ``(A) The investigation''; and (B) by adding at the end the following new subparagraph: ``(B) The implementation and efficacy of sections 2 through 4 of the Military Justice Improvement and Increasing Prevention Act of 2021 and the amendments made by such sections. ''; a) In General.--The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. ( (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program implemented under subsection (a). A portion of this training shall be in-person, facilitated training. ( (b) Officer Candidates and ROTC.-- (1) In general.--The United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall carry out a program for increasing training on the prevention of military sexual assault within cadet ranks. 2) Report on development of plan.--Not later than one year after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the development of the program required under paragraph (1) and a plan for execution. ( (2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). a) Survey.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall conduct a survey of all lodging and living spaces on military installations to identify, replace, or repair locking mechanisms on points of entry, identify areas of installation of closed-circuit television (CCTV) security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. ( (a) Effective Date and Applicability.--This Act and the amendments made by this Act shall take effect one year after the date of the enactment of this Act, and shall apply with respect to any allegation of charges of an offense specified in subsection (b) of section 2, and not excluded under subsection (c) of section 2, which offense occurs on or after such effective date. ( b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. a) Improvement of Determinations.-- (1) Military departments.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. ( (C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). ( 2) A conspiracy to commit an offense specified in paragraph (1) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). ( (c) Excluded Offenses.--Subsection (a) does not apply to an offense as follows: (1) An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice), but not an offense under section 893a of such title (article 93a of the Uniform Code of Military Justice). ( 6) An attempt to commit an offense specified in paragraphs (1) through (3) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). 2) Upon a determination under paragraph (1) to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. 7) The determination under paragraph (1) to refer charges to a general or special court-martial shall not be subject to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), provided that the officer making the determination determines that-- (A) the specification alleges an offense under the Uniform Code of Military Justice; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense. ( f) Policies and Procedures.-- (1) In general.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section. (2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. ( h) Improved Specialization of Criminal Investigators.--The Secretary of Defense shall revise policies and procedures as necessary to improve specialization of criminal investigators to help increase the efficiency and effectiveness of sexual assault and domestic violence investigations. B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). ( b) No Authorization of Additional Personnel or Resources.-- Sections 2 and 3 shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections. Section 546(c) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended-- (1) in paragraph (1)-- (A) by striking ``on the investigation'' and inserting ``on the following: ``(A) The investigation''; and (B) by adding at the end the following new subparagraph: ``(B) The implementation and efficacy of sections 2 through 4 of the Military Justice Improvement and Increasing Prevention Act of 2021 and the amendments made by such sections. ''; a) In General.--The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. ( INCREASED TRAINING AND EDUCATION ON MILITARY SEXUAL ASSAULT. ( (2) Enlisted leaders.--All senior enlisted leaders of the military services will be required within 2 years of the date of the enactment of this Act to complete a training on military sexual assault prevention equivalent to that provided to the Sexual Assault Prevention and Response Victim Advocates before enlisted service members may be considered for promotion to a grade at or above E-9. 2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). (a) Survey.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall conduct a survey of all lodging and living spaces on military installations to identify, replace, or repair locking mechanisms on points of entry, identify areas of installation of closed-circuit television (CCTV) security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. ( b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. a) Improvement of Determinations.-- (1) Military departments.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. ( ( ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. 2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. ( 1561 note) is amended-- (1) in paragraph (1)-- (A) by striking ``on the investigation'' and inserting ``on the following: ``(A) The investigation''; and (B) by adding at the end the following new subparagraph: ``(B) The implementation and efficacy of sections 2 through 4 of the Military Justice Improvement and Increasing Prevention Act of 2021 and the amendments made by such sections. ''; 2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). ( ( b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). ( ( 3) A solicitation to commit an offense specified in paragraph (1) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). ( 6) An attempt to commit an offense specified in paragraphs (1) through (3) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). ( (2) Upon a determination under paragraph (1) to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. f) Policies and Procedures.-- (1) In general.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section. ( 2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. ( ( B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). ( b) No Authorization of Additional Personnel or Resources.-- Sections 2 and 3 shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections. ''; a) In General.--The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. ( ( 2) Report on development of plan.--Not later than one year after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the development of the program required under paragraph (1) and a plan for execution. ( (2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. a) Improvement of Determinations.-- (1) Military departments.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. ( ( ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. 2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. ( 1561 note) is amended-- (1) in paragraph (1)-- (A) by striking ``on the investigation'' and inserting ``on the following: ``(A) The investigation''; and (B) by adding at the end the following new subparagraph: ``(B) The implementation and efficacy of sections 2 through 4 of the Military Justice Improvement and Increasing Prevention Act of 2021 and the amendments made by such sections. ''; 2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). ( ( b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). ( ( 3) A solicitation to commit an offense specified in paragraph (1) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). ( 6) An attempt to commit an offense specified in paragraphs (1) through (3) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). ( (2) Upon a determination under paragraph (1) to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. f) Policies and Procedures.-- (1) In general.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section. ( 2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. ( ( B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). ( b) No Authorization of Additional Personnel or Resources.-- Sections 2 and 3 shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections. ''; a) In General.--The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. ( ( 2) Report on development of plan.--Not later than one year after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the development of the program required under paragraph (1) and a plan for execution. ( (2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. a) Improvement of Determinations.-- (1) Military departments.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. ( ( ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. 2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. ( 1561 note) is amended-- (1) in paragraph (1)-- (A) by striking ``on the investigation'' and inserting ``on the following: ``(A) The investigation''; and (B) by adding at the end the following new subparagraph: ``(B) The implementation and efficacy of sections 2 through 4 of the Military Justice Improvement and Increasing Prevention Act of 2021 and the amendments made by such sections. ''; 2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). ( ( b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). ( ( ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. 2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. ( ( ''; a) In General.--The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. ( ( 2) Report on development of plan.--Not later than one year after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the development of the program required under paragraph (1) and a plan for execution. ( (

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. 2) Report.--The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). ( ( b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this Act and the amendments made by this Act in accordance with subsection (a).

To reform the disposition of charges and convening of courts-martial for certain offenses under the Uniform Code of Military Justice and increase the prevention of sexual assaults and other crimes in the military. C) Determinations under sections 822 and 823 of such chapter (articles 22 and 23 of the Uniform Code of Military Justice) on the referral of charges (as that term is defined in section 834(d) of such chapter (article 34(d) of the Uniform Code of Military Justice)). ( ( ( 5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. 2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. ( ( ''; a) In General.--The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. ( ( 2) Report on development of plan.--Not later than one year after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the development of the program required under paragraph (1) and a plan for execution. ( (

Vanessa Guillen Military Justice Improvement and Increasing Prevention Act - Requires the Secretaries of Defense and Homeland Security to provide for the preferral of charges for certain offenses under the Uniform Code of Military Justice (UCMJ) for which the maximum punishment authorized under that Code includes confinement for more than one year. (Sec. 2) Requires the Secretary of the military department to require the Secret Directs the Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) and the General Counsel of the Department of Defense (DOD) to revise military court-martial policies and procedures to ensure compliance with this Act. (Sec. 3) Requires the disposition of charges covered Amends the Military Justice Improvement and Increasing Prevention Act of 2021 to prohibit officers in the grade of O-6 or higher from convening a court-martial if they are in the chain of command of the accused or the victim. Requires each Chief of Staff of the Armed Forces or Commandant of the Coast Guard to establish an office to convene general and special courts-martials Directs the Secretary of Defense to: (1) conduct a survey of all lodging and living spaces on military installations to identify, replace, or repair locking mechanisms on points of entry, identify areas of installation of closed-circuit television (CCTV) security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on such installations

H.R.3084

International Affairs

Taiwan Fellowship Act This bill directs the Department of State to establish a program to provide fellowships in Taiwan to qualifying U.S. government employees. Each program fellow shall work in (1) a Taiwanese government agency; or (2) a nongovernmental organization, such as the American Institute in Taiwan, whose interests are associated with the interests of the fellow's employing U.S. government agency. (In 1979, the United States established diplomatic relations with China and ended formal diplomatic ties with Taiwan. The American Institute in Taiwan is a private organization that has a contract with the State Department to represent U.S. interests in Taiwan and provide consular services.)

To establish the Taiwan Fellowship Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taiwan Fellowship Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.) affirmed United States policy ``to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area''. (2) Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115-409), the United States has grown its strategic partnership with Taiwan's vibrant democracy of 23,000,000 people. (3) Despite a concerted campaign by the People's Republic of China to isolate Taiwan from its diplomatic partners and from international organizations, including the World Health Organization, Taiwan has emerged as a global leader in the coronavirus global pandemic response, including by donating more than 2,000,000 surgical masks and other medical equipment to the United States. (4) The creation of a United States fellowship program with Taiwan would support-- (A) a key priority of expanding people-to-people exchanges, which was outlined in President Donald J. Trump's 2017 National Security Strategy; (B) President Joseph R. Biden's commitment to Taiwan, ``a leading democracy and a critical economic and security partner'', as expressed in his March 2021 Interim National Security Strategic Guidance; and (C) April 2021 guidance from the Department of State based on a review required under the Taiwan Assurance Act of 2020 (subtitle B of title III of division FF of Public Law 116-260) to ``encourage U.S. government engagement with Taiwan that reflects our deepening unofficial relationship''. (b) Purposes.--The purposes of this Act are-- (1) to further strengthen the United States-Taiwan strategic partnership and broaden understanding of the Indo- Pacific region by temporarily assigning officials of agencies of the United States Government to Taiwan for intensive study in Mandarin Chinese and placement as Fellows with the governing authorities on Taiwan or a Taiwanese civic institution; (2) to expand United States Government expertise in Mandarin Chinese language skills and understanding of the politics, history, and culture of Taiwan and the Indo-Pacific region by providing eligible United States personnel the opportunity to acquire such skills and understanding through the Taiwan Fellowship Program established under section 3; and (3) to better position the United States to advance its economic, security, and human rights interests and values in the Indo-Pacific region. SEC. 3. TAIWAN FELLOWSHIP PROGRAM. (a) Definitions.--In this section: (1) Agency head.--The term ``agency head'' means, in the case of the executive branch of United States Government, or in the case of a legislative branch agency specified in paragraph (2), the head of the respective agency. (2) Agency of the united states government.--The term ``agency of the United States Government'' includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (4) Detailee.--The term ``detailee'' means an employee of an agency of the United States Government on loan to the American Institute in Taiwan, without a change of position from the agency at which such employee is employed. (5) Implementing partner.--The term ``implementing partner'' means any United States organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that-- (A) is selected through a competitive process; (B) performs logistical, administrative, and other functions, as determined by the Department of State and the American Institute of Taiwan, in support of the Taiwan Fellowship Program; and (C) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program. (b) Establishment of Taiwan Fellowship Program.-- (1) Establishment.--The Secretary of State shall establish the ``Taiwan Fellowship Program'' (hereafter referred to in this section as the ``Program'') to provide a fellowship opportunity in Taiwan of up to two years for eligible United States citizens through the cooperative agreement established in paragraph (2). The Department of State, in consultation with the American Institute in Taiwan and the implementing partner, may modify the name of the Program. (2) Cooperative agreements.-- (A) In general.--The American Institute in Taiwan shall use amounts authorized to be appropriated pursuant to subsection (f)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner. (B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding-- (i) not fewer than five fellowships during the first two years of the Program; and (ii) not fewer than ten fellowships during each of the remaining years of the Program. (3) International agreement; implementing partner.--Not later than 30 days after the date of the enactment of this Act, the American Institute in Taiwan, in consultation with the Department of State, shall-- (A) begin negotiations with the Taipei Economic and Cultural Representative Office, or with another appropriate entity, for the purpose of entering into an agreement to facilitate the placement of fellows in an agency of the governing authorities on Taiwan; and (B) begin the process of selecting an implementing partner, which-- (i) shall agree to meet all of the legal requirements required to operate in Taiwan; and (ii) shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region. (4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. (B) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in-- (i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or (ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed. (5) Flexible fellowship duration.--Notwithstanding any requirement under this section, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, may award fellowships that have a duration of between nine months and two years, and may alter the curriculum requirements under paragraph (4) for such purposes. (6) Sunset.--The Program shall terminate ten years after the date of the enactment of this Act. (c) Program Requirements.-- (1) Eligibility requirements.--A United States citizen is eligible for a fellowship under this section if he or she-- (A) is an employee of the United States Government; (B) has received at least one exemplary performance review in his or her current United States Government role within at least the last three years prior to the beginning the fellowship; (C) has at least two years of experience in any branch of the United States Government; (D) has a demonstrated professional or educational background in the relationship between the United States and countries in the Indo-Pacific region; and (E) has demonstrated his or her commitment to further service in the United States Government. (2) Responsibilities of fellows.--Each recipient of a fellowship under this section shall agree, as a condition of such fellowship-- (A) to maintain satisfactory progress in language training and appropriate behavior in Taiwan, as determined by the Department of State, the American Institute in Taiwan and, as appropriate, its implementing partner; (B) to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and (C) to continue Federal Government employment for a period of not less than four years after the conclusion of the fellowship or for not less than two years for a fellowship that is one year or shorter. (3) Responsibilities of implementing partner.-- (A) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall-- (i) make efforts to recruit fellowship candidates who reflect the diversity of the United States; (ii) select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and (iii) prioritize the selection of candidates willing to serve a fellowship lasting one year or longer. (B) First year.--The implementing partner should provide each fellow in the first year (or shorter duration, as jointly determined by the Department of State and the American Institute in Taiwan for those who are not serving a two-year fellowship) with-- (i) intensive Mandarin Chinese language training; and (ii) courses in the politic, culture, and history of Taiwan, China, and the broader Indo- Pacific. (C) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin Chinese language skills, knowledge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. If any of the training requirements are waived for a fellow serving a two-year fellowship, the training portion of his or her fellowship may be shortened to the extent appropriate. (D) Office; staffing.--The implementing partner, in consultation with the Department of State and the American Institute in Taiwan, shall maintain an office and at least one full-time staff member in Taiwan-- (i) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and (ii) to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents. (E) Other functions.--The implementing partner should perform other functions in association in support of the Program, including logistical and administrative functions, as prescribed by the Department of State and the American Institute in Taiwan. (4) Noncompliance.-- (A) In general.--Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for-- (i) the Federal funds expended for the fellow's participation in the fellowship, as set forth in subparagraphs (B) and (C); and (ii) interest accrued on such funds (calculated at the prevailing rate). (B) Full reimbursement.--Any fellow who violates subparagraph (A) or (B) of paragraph (2) shall reimburse the American Institute in Taiwan in an amount equal to the sum of-- (i) all of the Federal funds expended for the fellow's participation in the fellowship; and (ii) interest on the amount specified in clause (i), which shall be calculated at the prevailing rate. (C) Pro rata reimbursement.--Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between-- (i) the amount specified in subparagraph (B); and (ii) the product of-- (I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by (II) the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government. (5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. (B) The number of applicants each year, the number of applicants willing to serve a fellowship lasting one year or longer, and the number of such applicants selected for the fellowship. (C) The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States. (D) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned. (E) Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program. (F) An assessment of the Program's value upon the relationship between the United States and Taiwan or the United States and Asian countries. (6) Annual financial audit.-- (A) In general.--The financial records of any implementing partner shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another political subdivision of the United States. (B) Location.--Each audit under subparagraph (A) shall be conducted at the place or places where the financial records of the implementing partner are normally kept. (C) Access to documents.--The implementing partner shall make available to the accountants conducting an audit under subparagraph (A)-- (i) all books, financial records, files, other papers, things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit; and (ii) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. (D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. (ii) Contents.--Each audit report shall-- (I) set forth the scope of the audit; (II) include such statements, along with the auditor's opinion of those statements, as may be necessary to present fairly the implementing partner's assets and liabilities, surplus or deficit, with reasonable detail; (III) include a statement of the implementing partner's income and expenses during the year; and (IV) include a schedule of-- (aa) all contracts and cooperative agreements requiring payments greater than $5,000; and (bb) any payments of compensation, salaries, or fees at a rate greater than $5,000 per year. (iii) Copies.--Each audit report shall be produced in sufficient copies for distribution to the public. (d) Taiwan Fellows on Detail From Government Service.-- (1) In general.-- (A) Detail authorized.--With the approval of the Secretary of State, an agency head may detail, for a period of not more than two years, an employee of the agency of the United States Government who has been awarded a fellowship under this Act, to the American Institute in Taiwan for the purpose of assignment to the governing authorities on Taiwan or an organization described in subsection (b)(4)(B)(ii). (B) Agreement.--Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree-- (i) to continue in the service of the sponsoring agency at the end of fellowship for a period of at least four years (or at least two years if the fellowship duration is one year or shorter) unless such detailee is involuntarily separated from the service of such agency; and (ii) to pay to the American Institute in Taiwan any additional expenses incurred by the United States Government in connection with the fellowship if the detailee voluntarily separates from service with the sponsoring agency before the end of the period for which the detailee has agreed to continue in the service of such agency. (C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. (2) Status as government employee.--A detailee-- (A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; (B) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and (C) may be assigned to a position with an entity described in subsection (b)(4)(B)(i) if acceptance of such position does not involve-- (i) the taking of an oath of allegiance to another government; or (ii) the acceptance of compensation or other benefits from any foreign government by such detailee. (3) Responsibilities of sponsoring agency.-- (A) In general.--The agency of the United States Government from which a detailee is detailed should provide the fellow allowances and benefits that are consistent with Department of State Standardized Regulations or other applicable rules and regulations, including-- (i) a living quarters allowance to cover the cost of housing in Taiwan; (ii) a cost of living allowance to cover any possible higher costs of living in Taiwan; (iii) a temporary quarters subsistence allowance for up to seven days if the fellow is unable to find housing immediately upon arriving in Taiwan; (iv) an education allowance to assist parents in providing the fellow's minor children with educational services ordinarily provided without charge by public schools in the United States; (v) moving expenses to transport personal belongings of the fellow and his or her family in their move to Taiwan, which is comparable to the allowance given for American Institute in Taiwan employees assigned to Taiwan; and (vi) an economy-class airline ticket to and from Taiwan for each fellow and the fellow's immediate family. (B) Modification of benefits.--The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in subparagraph (A) if such modification is warranted by fiscal circumstances. (4) No financial liability.--The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental entities in Taiwan at which a fellow is detailed during the second year of the fellowship may not be held responsible for the pay, allowances, or any other benefit normally provided to the detailee. (5) Reimbursement.--Fellows may be detailed under paragraph (1)(A) without reimbursement to the United States by the American Institute in Taiwan. (6) Allowances and benefits.--Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3). (e) GAO Report.--Not later than one year prior to the sunset of the Program pursuant to subsection (b)(6), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following: (1) An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, the places of employment. (2) An assessment of the costs and benefits for participants in the Program and for the United States Government of such fellowships. (3) An analysis of the financial impact of the fellowship on United States Government offices that have detailed fellows to participate in the Program. (4) Recommendations, if any, on how to improve the Program. (f) Funding.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the American Institute in Taiwan-- (A) for fiscal year 2022, $2,900,000, of which $500,000 should be used by an appropriate implementing partner to launch the Program; and (B) for fiscal year 2023, and each succeeding fiscal year, $2,400,000. (2) Private sources.--The implementing partner selected to implement the Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan. <all>

Taiwan Fellowship Act

To establish the Taiwan Fellowship Program, and for other purposes.

Taiwan Fellowship Act

Rep. Bera, Ami

D

CA

This bill directs the Department of State to establish a program to provide fellowships in Taiwan to qualifying U.S. government employees. Each program fellow shall work in (1) a Taiwanese government agency; or (2) a nongovernmental organization, such as the American Institute in Taiwan, whose interests are associated with the interests of the fellow's employing U.S. government agency. (In 1979, the United States established diplomatic relations with China and ended formal diplomatic ties with Taiwan. The American Institute in Taiwan is a private organization that has a contract with the State Department to represent U.S. interests in Taiwan and provide consular services.)

This Act may be cited as the ``Taiwan Fellowship Act''. 2. 3. TAIWAN FELLOWSHIP PROGRAM. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Cooperative agreements.-- (A) In general.--The American Institute in Taiwan shall use amounts authorized to be appropriated pursuant to subsection (f)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner. (4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. If any of the training requirements are waived for a fellow serving a two-year fellowship, the training portion of his or her fellowship may be shortened to the extent appropriate. (B) The number of applicants each year, the number of applicants willing to serve a fellowship lasting one year or longer, and the number of such applicants selected for the fellowship. (C) The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States. (D) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned. (D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. (C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. (2) Status as government employee.--A detailee-- (A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; (B) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and (C) may be assigned to a position with an entity described in subsection (b)(4)(B)(i) if acceptance of such position does not involve-- (i) the taking of an oath of allegiance to another government; or (ii) the acceptance of compensation or other benefits from any foreign government by such detailee.

This Act may be cited as the ``Taiwan Fellowship Act''. 2. 3. TAIWAN FELLOWSHIP PROGRAM. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Cooperative agreements.-- (A) In general.--The American Institute in Taiwan shall use amounts authorized to be appropriated pursuant to subsection (f)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner. (4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. (C) The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States. (D) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned. (D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. (2) Status as government employee.--A detailee-- (A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; (B) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and (C) may be assigned to a position with an entity described in subsection (b)(4)(B)(i) if acceptance of such position does not involve-- (i) the taking of an oath of allegiance to another government; or (ii) the acceptance of compensation or other benefits from any foreign government by such detailee.

This Act may be cited as the ``Taiwan Fellowship Act''. 2. (2) Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115-409), the United States has grown its strategic partnership with Taiwan's vibrant democracy of 23,000,000 people. SEC. 3. TAIWAN FELLOWSHIP PROGRAM. (2) Agency of the united states government.--The term ``agency of the United States Government'' includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Cooperative agreements.-- (A) In general.--The American Institute in Taiwan shall use amounts authorized to be appropriated pursuant to subsection (f)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner. (4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. If any of the training requirements are waived for a fellow serving a two-year fellowship, the training portion of his or her fellowship may be shortened to the extent appropriate. (E) Other functions.--The implementing partner should perform other functions in association in support of the Program, including logistical and administrative functions, as prescribed by the Department of State and the American Institute in Taiwan. (B) The number of applicants each year, the number of applicants willing to serve a fellowship lasting one year or longer, and the number of such applicants selected for the fellowship. (C) The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States. (D) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned. (E) Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program. (6) Annual financial audit.-- (A) In general.--The financial records of any implementing partner shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another political subdivision of the United States. (D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. (C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. (2) Status as government employee.--A detailee-- (A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; (B) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and (C) may be assigned to a position with an entity described in subsection (b)(4)(B)(i) if acceptance of such position does not involve-- (i) the taking of an oath of allegiance to another government; or (ii) the acceptance of compensation or other benefits from any foreign government by such detailee. (5) Reimbursement.--Fellows may be detailed under paragraph (1)(A) without reimbursement to the United States by the American Institute in Taiwan.

This Act may be cited as the ``Taiwan Fellowship Act''. 2. FINDINGS; PURPOSES. 3301 et seq.) (2) Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115-409), the United States has grown its strategic partnership with Taiwan's vibrant democracy of 23,000,000 people. (3) Despite a concerted campaign by the People's Republic of China to isolate Taiwan from its diplomatic partners and from international organizations, including the World Health Organization, Taiwan has emerged as a global leader in the coronavirus global pandemic response, including by donating more than 2,000,000 surgical masks and other medical equipment to the United States. SEC. 3. TAIWAN FELLOWSHIP PROGRAM. (2) Agency of the united states government.--The term ``agency of the United States Government'' includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Cooperative agreements.-- (A) In general.--The American Institute in Taiwan shall use amounts authorized to be appropriated pursuant to subsection (f)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner. (4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. If any of the training requirements are waived for a fellow serving a two-year fellowship, the training portion of his or her fellowship may be shortened to the extent appropriate. (E) Other functions.--The implementing partner should perform other functions in association in support of the Program, including logistical and administrative functions, as prescribed by the Department of State and the American Institute in Taiwan. (B) Full reimbursement.--Any fellow who violates subparagraph (A) or (B) of paragraph (2) shall reimburse the American Institute in Taiwan in an amount equal to the sum of-- (i) all of the Federal funds expended for the fellow's participation in the fellowship; and (ii) interest on the amount specified in clause (i), which shall be calculated at the prevailing rate. (B) The number of applicants each year, the number of applicants willing to serve a fellowship lasting one year or longer, and the number of such applicants selected for the fellowship. (C) The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States. (D) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned. (E) Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program. (F) An assessment of the Program's value upon the relationship between the United States and Taiwan or the United States and Asian countries. (6) Annual financial audit.-- (A) In general.--The financial records of any implementing partner shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another political subdivision of the United States. (D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. (ii) Contents.--Each audit report shall-- (I) set forth the scope of the audit; (II) include such statements, along with the auditor's opinion of those statements, as may be necessary to present fairly the implementing partner's assets and liabilities, surplus or deficit, with reasonable detail; (III) include a statement of the implementing partner's income and expenses during the year; and (IV) include a schedule of-- (aa) all contracts and cooperative agreements requiring payments greater than $5,000; and (bb) any payments of compensation, salaries, or fees at a rate greater than $5,000 per year. (C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. (2) Status as government employee.--A detailee-- (A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; (B) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and (C) may be assigned to a position with an entity described in subsection (b)(4)(B)(i) if acceptance of such position does not involve-- (i) the taking of an oath of allegiance to another government; or (ii) the acceptance of compensation or other benefits from any foreign government by such detailee. (5) Reimbursement.--Fellows may be detailed under paragraph (1)(A) without reimbursement to the United States by the American Institute in Taiwan.

To establish the Taiwan Fellowship Program, and for other purposes. 2) Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115-409), the United States has grown its strategic partnership with Taiwan's vibrant democracy of 23,000,000 people. ( TAIWAN FELLOWSHIP PROGRAM. ( 2) Agency of the united states government.--The term ``agency of the United States Government'' includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch. ( (5) Implementing partner.--The term ``implementing partner'' means any United States organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that-- (A) is selected through a competitive process; (B) performs logistical, administrative, and other functions, as determined by the Department of State and the American Institute of Taiwan, in support of the Taiwan Fellowship Program; and (C) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program. ( 2) Cooperative agreements.-- (A) In general.--The American Institute in Taiwan shall use amounts authorized to be appropriated pursuant to subsection (f)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner. (B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding-- (i) not fewer than five fellowships during the first two years of the Program; and (ii) not fewer than ten fellowships during each of the remaining years of the Program. ( 4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. (B) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in-- (i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or (ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed. ( 5) Flexible fellowship duration.--Notwithstanding any requirement under this section, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, may award fellowships that have a duration of between nine months and two years, and may alter the curriculum requirements under paragraph (4) for such purposes. ( (3) Responsibilities of implementing partner.-- (A) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall-- (i) make efforts to recruit fellowship candidates who reflect the diversity of the United States; (ii) select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and (iii) prioritize the selection of candidates willing to serve a fellowship lasting one year or longer. ( C) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin Chinese language skills, knowledge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. (D) Office; staffing.--The implementing partner, in consultation with the Department of State and the American Institute in Taiwan, shall maintain an office and at least one full-time staff member in Taiwan-- (i) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and (ii) to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents. ( 4) Noncompliance.-- (A) In general.--Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for-- (i) the Federal funds expended for the fellow's participation in the fellowship, as set forth in subparagraphs (B) and (C); and (ii) interest accrued on such funds (calculated at the prevailing rate). ( (C) Pro rata reimbursement.--Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between-- (i) the amount specified in subparagraph (B); and (ii) the product of-- (I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by (II) the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government. ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( (E) Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program. ( D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. iii) Copies.--Each audit report shall be produced in sufficient copies for distribution to the public. ( d) Taiwan Fellows on Detail From Government Service.-- (1) In general.-- (A) Detail authorized.--With the approval of the Secretary of State, an agency head may detail, for a period of not more than two years, an employee of the agency of the United States Government who has been awarded a fellowship under this Act, to the American Institute in Taiwan for the purpose of assignment to the governing authorities on Taiwan or an organization described in subsection (b)(4)(B)(ii). C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. B) Modification of benefits.--The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in subparagraph (A) if such modification is warranted by fiscal circumstances. (4) No financial liability.--The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental entities in Taiwan at which a fellow is detailed during the second year of the fellowship may not be held responsible for the pay, allowances, or any other benefit normally provided to the detailee. ( 3) An analysis of the financial impact of the fellowship on United States Government offices that have detailed fellows to participate in the Program. ( (f) Funding.-- (1) Authorization of appropriations.--There are authorized to be appropriated to the American Institute in Taiwan-- (A) for fiscal year 2022, $2,900,000, of which $500,000 should be used by an appropriate implementing partner to launch the Program; and (B) for fiscal year 2023, and each succeeding fiscal year, $2,400,000. ( 2) Private sources.--The implementing partner selected to implement the Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan.

To establish the Taiwan Fellowship Program, and for other purposes. 2) Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115-409), the United States has grown its strategic partnership with Taiwan's vibrant democracy of 23,000,000 people. ( TAIWAN FELLOWSHIP PROGRAM. ( 2) Agency of the united states government.--The term ``agency of the United States Government'' includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch. ( (5) Implementing partner.--The term ``implementing partner'' means any United States organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that-- (A) is selected through a competitive process; (B) performs logistical, administrative, and other functions, as determined by the Department of State and the American Institute of Taiwan, in support of the Taiwan Fellowship Program; and (C) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program. ( B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding-- (i) not fewer than five fellowships during the first two years of the Program; and (ii) not fewer than ten fellowships during each of the remaining years of the Program. 4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. ( B) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in-- (i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or (ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed. ( 3) Responsibilities of implementing partner.-- (A) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall-- (i) make efforts to recruit fellowship candidates who reflect the diversity of the United States; (ii) select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and (iii) prioritize the selection of candidates willing to serve a fellowship lasting one year or longer. ( B) First year.--The implementing partner should provide each fellow in the first year (or shorter duration, as jointly determined by the Department of State and the American Institute in Taiwan for those who are not serving a two-year fellowship) with-- (i) intensive Mandarin Chinese language training; and (ii) courses in the politic, culture, and history of Taiwan, China, and the broader Indo- Pacific. (C) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin Chinese language skills, knowledge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. 4) Noncompliance.-- (A) In general.--Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for-- (i) the Federal funds expended for the fellow's participation in the fellowship, as set forth in subparagraphs (B) and (C); and (ii) interest accrued on such funds (calculated at the prevailing rate). ( (C) Pro rata reimbursement.--Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between-- (i) the amount specified in subparagraph (B); and (ii) the product of-- (I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by (II) the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government. ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( (C) Access to documents.--The implementing partner shall make available to the accountants conducting an audit under subparagraph (A)-- (i) all books, financial records, files, other papers, things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit; and (ii) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. ( D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. ( C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. ( B) Modification of benefits.--The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in subparagraph (A) if such modification is warranted by fiscal circumstances. ( 6) Allowances and benefits.--Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3). (e) GAO Report.--Not later than one year prior to the sunset of the Program pursuant to subsection (b)(6), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following: (1) An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, the places of employment. ( 3) An analysis of the financial impact of the fellowship on United States Government offices that have detailed fellows to participate in the Program. (

To establish the Taiwan Fellowship Program, and for other purposes. 4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. ( B) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in-- (i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or (ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed. ( C) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin Chinese language skills, knowledge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. ( (C) Pro rata reimbursement.--Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between-- (i) the amount specified in subparagraph (B); and (ii) the product of-- (I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by (II) the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government. ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( ( ( 6) Allowances and benefits.--Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3). ( e) GAO Report.--Not later than one year prior to the sunset of the Program pursuant to subsection (b)(6), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following: (1) An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, the places of employment. (

To establish the Taiwan Fellowship Program, and for other purposes. 2) Agency of the united states government.--The term ``agency of the United States Government'' includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch. ( ( (B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding-- (i) not fewer than five fellowships during the first two years of the Program; and (ii) not fewer than ten fellowships during each of the remaining years of the Program. ( 4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. ( ( 5) Flexible fellowship duration.--Notwithstanding any requirement under this section, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, may award fellowships that have a duration of between nine months and two years, and may alter the curriculum requirements under paragraph (4) for such purposes. ( (3) Responsibilities of implementing partner.-- (A) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall-- (i) make efforts to recruit fellowship candidates who reflect the diversity of the United States; (ii) select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and (iii) prioritize the selection of candidates willing to serve a fellowship lasting one year or longer. ( (D) Office; staffing.--The implementing partner, in consultation with the Department of State and the American Institute in Taiwan, shall maintain an office and at least one full-time staff member in Taiwan-- (i) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and (ii) to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents. ( 4) Noncompliance.-- (A) In general.--Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for-- (i) the Federal funds expended for the fellow's participation in the fellowship, as set forth in subparagraphs (B) and (C); and (ii) interest accrued on such funds (calculated at the prevailing rate). ( ( ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( ( D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. B) Modification of benefits.--The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in subparagraph (A) if such modification is warranted by fiscal circumstances. ( ( 2) Private sources.--The implementing partner selected to implement the Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan.

To establish the Taiwan Fellowship Program, and for other purposes. 4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. ( B) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in-- (i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or (ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed. ( C) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin Chinese language skills, knowledge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. ( (C) Pro rata reimbursement.--Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between-- (i) the amount specified in subparagraph (B); and (ii) the product of-- (I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by (II) the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government. ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( ( ( 6) Allowances and benefits.--Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3). ( e) GAO Report.--Not later than one year prior to the sunset of the Program pursuant to subsection (b)(6), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following: (1) An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, the places of employment. (

To establish the Taiwan Fellowship Program, and for other purposes. 2) Agency of the united states government.--The term ``agency of the United States Government'' includes the Government Accountability Office, the Congressional Budget Office, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch. ( ( (B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding-- (i) not fewer than five fellowships during the first two years of the Program; and (ii) not fewer than ten fellowships during each of the remaining years of the Program. ( 4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. ( ( 5) Flexible fellowship duration.--Notwithstanding any requirement under this section, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, may award fellowships that have a duration of between nine months and two years, and may alter the curriculum requirements under paragraph (4) for such purposes. ( (3) Responsibilities of implementing partner.-- (A) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall-- (i) make efforts to recruit fellowship candidates who reflect the diversity of the United States; (ii) select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and (iii) prioritize the selection of candidates willing to serve a fellowship lasting one year or longer. ( (D) Office; staffing.--The implementing partner, in consultation with the Department of State and the American Institute in Taiwan, shall maintain an office and at least one full-time staff member in Taiwan-- (i) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and (ii) to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents. ( 4) Noncompliance.-- (A) In general.--Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for-- (i) the Federal funds expended for the fellow's participation in the fellowship, as set forth in subparagraphs (B) and (C); and (ii) interest accrued on such funds (calculated at the prevailing rate). ( ( ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( ( D) Report.-- (i) In general.--Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan. C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. B) Modification of benefits.--The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in subparagraph (A) if such modification is warranted by fiscal circumstances. ( ( 2) Private sources.--The implementing partner selected to implement the Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan.

To establish the Taiwan Fellowship Program, and for other purposes. 4) Curriculum.-- (A) First year.--During the first year of each fellowship under this subsection, each fellow should study-- (i) the Mandarin Chinese language; (ii) the people, history, and political climate on Taiwan; and (iii) the issues affecting the relationship between the United States and the Indo-Pacific region. ( B) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in-- (i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or (ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed. ( C) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under subparagraph (B) to the extent that a fellow has Mandarin Chinese language skills, knowledge of the topic described in subparagraph (B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. ( (C) Pro rata reimbursement.--Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan in an amount equal to the difference between-- (i) the amount specified in subparagraph (B); and (ii) the product of-- (I) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by (II) the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government. ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( ( ( 6) Allowances and benefits.--Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3). ( e) GAO Report.--Not later than one year prior to the sunset of the Program pursuant to subsection (b)(6), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following: (1) An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, the places of employment. (

To establish the Taiwan Fellowship Program, and for other purposes. B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding-- (i) not fewer than five fellowships during the first two years of the Program; and (ii) not fewer than ten fellowships during each of the remaining years of the Program. ( ( (3) Responsibilities of implementing partner.-- (A) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall-- (i) make efforts to recruit fellowship candidates who reflect the diversity of the United States; (ii) select fellows for the Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and (iii) prioritize the selection of candidates willing to serve a fellowship lasting one year or longer. ( ( 4) Noncompliance.-- (A) In general.--Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for-- (i) the Federal funds expended for the fellow's participation in the fellowship, as set forth in subparagraphs (B) and (C); and (ii) interest accrued on such funds (calculated at the prevailing rate). ( ( ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( ( C) Exception.--The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection. ( ( 2) Private sources.--The implementing partner selected to implement the Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan.

To establish the Taiwan Fellowship Program, and for other purposes. B) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in-- (i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or (ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed. ( ( ( ( 6) Allowances and benefits.--Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3). ( e) GAO Report.--Not later than one year prior to the sunset of the Program pursuant to subsection (b)(6), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following: (1) An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, the places of employment. (

To establish the Taiwan Fellowship Program, and for other purposes. B) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding-- (i) not fewer than five fellowships during the first two years of the Program; and (ii) not fewer than ten fellowships during each of the remaining years of the Program. ( ( ( ( ( ( 5) Annual report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section. ( ( 2) Private sources.--The implementing partner selected to implement the Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan.

Taiwan Fellowship Act This bill establishes the Taiwan Fellowship Program to provide U.S. government officials with intensive study in Mandarin Chinese and placement as Fellows with the governing authorities on Taiwan or a Taiwanese civic institution. The program shall provide two years of fellowship to eligible American citizens to perform administrative and logistical functions for the American Institute in Taiwan. The Department of State shall administer the program. The Directs the American Institute in Taiwan to: (1) begin negotiations with the Taipei Economic and Cultural Representative Office, or with another appropriate entity, for the purpose of entering into an agreement to facilitate the placement of fellows in an agency of the governing authorities on Taiwan; and (2) begin the process of selecting an implementing partner, which shall agree to meet all of the legal requirements Directs the Secretary of State to offer to brief the appropriate congressional committees regarding: (1) the performance of the implementing partner in fulfilling the purposes of this Act; (2) the number of applicants each year, the number willing to serve a fellowship lasting one year or longer; and (3) the extent to which such fellows represent the diversity of the United States. ( Directs the agency of the U.S. Government from which a detailee is detailed to provide the fellow allowances and benefits consistent with Department of State Standardized Regulations or other applicable rules and regulations, including: (1) a living quarters allowance to cover the cost of housing in Taiwan; (2) a cost of living allowance for up to seven days if the fellow

S.2046

Social Welfare

Community-Based Response Act of 2021 This bill establishes a program to assist communities with implementing alternative emergency response models in vulnerable populations to resolve crisis situations that may not require a law enforcement response or situations in which a law enforcement response may increase the risk of harm. Specifically, Administration for Community Living, in consultation with the Department of Housing and Urban Development and the Department of Justice, must award grants to eligible partnerships to establish or expand these models. The partnerships must consist of a unit of local or tribal government that is independent of law enforcement agencies and a nonprofit, community-based organization or consortium of such organizations. The partnerships may also include other entities, such as nonprofit or public institutions of higher education and behavioral health organizations. A partnership may use grant funds for a variety of purposes, such as triaging 9-1-1 calls to refer certain emergencies to entities other than law enforcement. In awarding these grants, the administration must prioritize partnerships that include community-based organizations that have a record of effectively serving, and are led by members of, vulnerable populations.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Response Act of 2021''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide an additional option beyond law enforcement for community-based emergency and non-emergency response for covered populations in need of help or support, in order to-- (A) target the best professional intervention to an individual in need of help or support; and (B) avoid escalation of a crisis situation-- (i) that may not require a response from law enforcement; and (ii) to which a law enforcement response can create increased risk of harm; and (2) establishing a grant program to provide that additional response option by awarding funding to partnerships described in section 5(a). SEC. 3. DEFINITIONS. In this Act: (1) Community mental health center.--The term ``community mental health center'' has the meaning given the term in section 1861 of the Social Security Act (42 U.S.C. 1395x). (2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). (3) Covered population.--The term ``covered population'' means-- (A) individuals who are racial or ethnic minorities or members of an Indian tribe; (B) immigrants, including undocumented immigrants, immigrants who have recently entered the United States, and refugees; (C) individuals with limited English proficiency, meaning their primary language for communication is not English and communication with emergency responders may be difficult; (D) individuals who are age 60 or older and determined to be likely to be-- (i) vulnerable to abuse; or (ii) experiencing health challenges; (E) people with disabilities, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); (F) people in the LGBTQIA+ community; (G) people who are likely to face disproportionate or discriminatory law enforcement contact; (H) people who are or were involved in the criminal justice system; (I) homeless persons, as defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302); (J) people facing or with a history of mental or behavioral health crises or who need check-ins for health, safety, or substance use disorder reasons; (K) people experiencing family violence or domestic violence under the laws of the jurisdiction involved, or dating violence; (L) victims of child abuse and children exposed to violence; (M) people who are likely to be engaged in or to experience violence in the community; (N) people with, or recovering from, a substance use disorder; (O) current and former foster youth; (P) youth who are or were involved in the juvenile justice system; (Q) victims of conduct described in section 1591 or 2251 of title 18, United States Code; (R) people who engage in acts defined in paragraph (4) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (S) adult survivors of sexual assault, as defined under the laws of the jurisdiction involved; (T) victims of trafficking, as defined in section 103 of the Trafficking Victims Protection Act of 2000; (U) out-of-school youth; and (V) people in an acute crisis not covered under subparagraphs (A) through (U). (4) Dating violence.--The term ``dating violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). (5) Immigration terms.-- (A) Immigrant.--The term ``immigrant'' means an alien who has entered the United States. (B) Undocumented immigrant.--The term ``undocumented immigrant'' means an alien who is unlawfully present in the United States. (6) Indian tribe; tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (7) Institution of higher education.--The term ``institution of higher education'' means-- (A) such an institution as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (B) a tribally controlled college or university as defined in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801). (8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. (ii) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (iii) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is either basic skills deficient or an English language learner (as such 3 terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). (iv) An individual who is subject to the criminal justice system. (v) An individual who experiences homelessness, a homeless child or youth, or a runaway. (vi) An individual-- (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677); or (III) who is a child in an out-of- home placement. (vii) An individual who is pregnant or parenting. (viii) An individual with a disability (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). (ix) A low-income individual (as defined in that section 3) who requires additional assistance to enter or complete an educational program or to secure or hold employment. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living and in consultation with the Assistant Secretary for Mental Health and Substance Use, the Secretary of Housing and Urban Development, and the Attorney General. (10) Substance use disorder.--The term ``substance use disorder'' means such a disorder within the meaning of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.). SEC. 4. ESTABLISHMENT OF GRANT PROGRAM. The Secretary shall establish a Community-Based Emergency and Non- Emergency Response Grant Program to improve community-based emergency and non-emergency response for public safety and problem solving, and to promote the safety and well-being of the populations and communities served under the program by-- (1) identifying eligible organizations with demonstrated capacity for emergency and non-emergency response work, including violence interruption, community mediation, and crisis behavioral health response, who are capable of providing, and increasing the capacity of the localities to provide, emergency and non-emergency response for specified covered populations; (2) developing a local infrastructure of systems and resources needed to develop, implement, and sustain effective interventions to protect the mental and physical well-being of members of the community, prevent violence, de-escalate volatile situations, ensure access to human services, protect property and the environment, reduce law enforcement use of force, and ensure the health and safety of communities, while decreasing the sole reliance on law enforcement for emergency and non-emergency situations; (3) creating and strengthening formal and informal partnerships, for such purposes as providing solutions and committing resources to sustain and scale up successful models of community-based emergency and non-emergency response; and (4) providing timely evaluation to clarify the outcomes and costs of the program, and the new interventions and service models provided through the program, for service recipients and law enforcement. SEC. 5. ELIGIBLE PARTNERSHIPS. (a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. (b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. SEC. 6. PLANNING GRANTS. (a) In General.--In carrying out the Program, the Secretary shall use not more than 10 percent of the amount appropriated under section 13(1) to make planning grants to eligible partnerships to engage, with meaningful participation from the covered populations and covered community-based organizations involved, in comprehensive design of a community response plan, in order to prepare a high-quality application for an initiation grant. (b) Application.--To be eligible to receive a planning grant under this section, an eligible partnership shall submit to the Secretary a planning application at such time, in such manner, and containing such information as the Secretary may require, including information on-- (1) the covered populations that will be consulted through the planning process; (2) how the partnership will engage entities that are led by the covered populations; and (3) how the partnership will solicit and confirm support from covered populations and community stakeholders in the plan. SEC. 7. INITIATION AND CONTINUATION GRANTS. (a) Initiation Grants.--In carrying out the Program, the Secretary shall make initiation grants to not fewer than 40 eligible partnerships, including not fewer than 4 eligible partnerships that include Indian tribes or tribal organizations, of which not fewer than 2 shall be eligible partnerships led by an Indian tribe or tribal organization, to carry out projects to meet the objectives described in subsection (a). The Secretary shall make the grants for periods of 5 years. The Secretary shall make the grants to partnerships in geographically diverse areas, including urban and rural communities, and in communities with varying population sizes. (b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). The Secretary shall make the continuation grants for periods of 2 years. (2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. The eligible partnership receiving such a continuation grant shall provide the non-Federal share from State, tribal, local, or private sources. SEC. 8. INITIATION AND CONTINUATION GRANT APPLICATIONS. (a) In General.--To be eligible to receive an initiation or continuation grant under section 7 for a project, a partnership shall submit an application (which, for a continuation grant, shall be an update of the partnership's initiation grant application) to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information that specifies in detail-- (A) the covered populations that the partnership will target for services under this Act; (B) the experience of the members of the partnership in successfully working in the community to be served and partnering with the target populations, including-- (i) for a partnership that includes an Indian tribe or tribal organization, an understanding of tribal sovereignty; and (ii) for a partnership not described in clause (i), the partnership's understanding of racial equity, systems of oppression, and the impact of structural racism on the community and population to be served, the partnership's commitment to promoting anti-racism, anti-bias, and equity, dismantling such systems, and reducing such impact, and an established record of accomplishment in improving outcomes or preventing, reducing, or eliminating inequities in that community; (C) how the grant funds will be used; (D) the expertise of the partnership, including its staff, in implementing the project to provide the proposed services; (E) how the partnership will implement or develop practices with clear methods of evaluation, including development of culturally informed practices, in carrying out the project, including references to applicable research or demonstrated practices; and (F) the partnership's plan for gathering feedback from service recipients about the quality of the services, including contacts and resources, provided through the project; and (2) a memorandum of understanding that-- (A) identifies each partner (including each agency of the unit of local government or Indian tribe or tribal organization, as applicable, involved) and is signed by a representative of each partner in the partnership carrying out the project; and (B) outlines-- (i) the partnership's engagement with the community, including members of the covered population, and the role the engagement played in developing the project; (ii) the financial and programmatic commitment of each partner, and the specific role of a law enforcement agency if involved in a backup role; (iii) the responsibilities of emergency dispatch operators, dispatchers, and partners in the national 911 system, in properly identifying calls in the community to be served necessitating a community-based emergency and non-emergency response and directing those calls to appropriate responders; (iv) the responsibilities of information and referral systems for essential community services (accessed in most localities by dialing 211) and the National Suicide Prevention Hotline (to be accessed by dialing 988) for participating in efficiently routing direct callers to services; (v) the responsibilities of each partner with respect to data collection and evaluation; (vi) how each partner's existing (as of the date of submission of the application) vision, theory of change, theory of action, anti-racist and anti-bias practice, and activities align with those of the grant program set forth in this Act; (vii) the governance structure proposed for the project, including a system for holding partners accountable; (viii) how the eligible partners' governing boards or advisory boards, and emergency responders, are representative of the community to be served; (ix) how a structure through which residents of the community and grassroots organizations will have an active role in the eligible partnership's decision making; (x) how the partnership anticipates that the project involved will decrease the responsibilities of local law enforcement, including responsibilities related to policing, arrests, and incarceration, and of other public safety entities; (xi) any voluntary, community-based mental health services and other support services that the partnership is committing to provide; (xii) any State or local laws that may be an impediment to implementation of the project; and (xiii) any other information the Secretary reasonably determines to be necessary. (b) Priority.--In making initiation and continuation grants under section 7, the Secretary shall give priority to-- (1) eligible partnerships that include covered community- based organizations with a documented record of effectively serving 1 or more covered populations; (2) eligible partnerships that include covered community- based organizations that are led by individuals who are members of the covered populations to be served; (3) eligible partnerships that include a unit of local government that commits to increasing resources for community- based mental health services and housing, with the goals of-- (A) reducing the incarceration and death of persons with a mental illness or an intellectual or developmental disability; and (B) increasing referrals of persons with a mental illness or an intellectual or developmental disability to voluntary, community-based mental health services and other support services (rather than institutionalization); and (4) eligible partnerships that have successfully executed planning under a planning grant. (c) Consideration.--In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. SEC. 9. USE OF FUNDS. (a) In General.--An eligible partnership that receives a grant under section 7 for a project may use the grant funds for-- (1) project planning and community engagement; (2) project implementation; (3) staffing and recruitment; (4) facilities; (5) operational costs, including costs of startup or expansion activities, marketing, language translation, and transportation; (6) engagement with technical assistance providers; (7) consulting services; (8) training; (9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery; (10) programming and service interventions that include-- (A) activities that prioritize human service interventions, by entities other than law enforcement, over interventions by law enforcement; or (B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to a wholly nonpolice entity; and (11) programming and service interventions that may include-- (A) activities that include co-occurring law enforcement and human services activities, such as responses to calls about dating violence; (B) activities that include followup by human services organizations after contact by law enforcement, such as community mediation, social services, or behavioral health services; (C) training for emergency dispatch operators; and (D) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. SEC. 10. TECHNICAL ASSISTANCE. The Secretary shall arrange for a national technical assistance provider for organizations described in section 5, to provide technical assistance support and develop and disseminate best practices for projects carried out under this Act. SEC. 11. ANNUAL REPORTING REQUIREMENTS. Each recipient of a grant under section 7 for a project is required to submit an annual report to the Secretary that details-- (1) the specific uses of the grant funds; (2) the number of individuals contacted through the project; (3) the number of individuals connected with ongoing services or resources through the project, disaggregated by race, ethnicity, gender, sexual orientation and gender identity, disability status, and other characteristics; (4) the quality of the contacts, services, and resources, as reported by the individuals contacted; (5) any evidence of positive outcomes following the contacts or connections; (6) any evidence of negative outcomes that may have occurred following the contacts or connections; (7) the percentage of total emergency calls diverted from law enforcement to the grant recipient; (8) the percentage of emergency calls diverted to the grant recipient that have been addressed; (9) the extent to which the grant recipient is hiring or training individuals from within the covered population, and the recruitment, hiring, training, and retention practices for such individuals; (10) any related reduction in the number of calls to law enforcement over the period of the project; (11) any changes in the types of calls made to the 911 system, to the extent that it is practicable to report information on such changes; (12) any increases in the number of calls to the 211 (or equivalent) systems for essential non-emergency community services or calls to the 988 National Suicide Prevention Hotline over the period of the project; (13) any related reduction in the budget of the law enforcement agency that has jurisdiction over the community served by the eligible partnership over that period; (14) any State or local laws that were an impediment to implementation of the project; and (15) any evidence of completed in-home, teletherapy, or in- community responses that included counseling, crisis response, family treatment, mediation, or other evidence-based interventions that addressed complex needs not able to be resolved by non-emergency calls alone. SEC. 12. EVALUATION AND REPORT. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated-- (1) to carry out planning and initiation grants under this Act, $100,000,000 for each of fiscal years 2022 through 2026; and (2) to carry out continuation grants under this Act, $75,000,000 for each of fiscal years 2027 and 2028. <all>

Community-Based Response Act of 2021

A bill to provide for a Community-Based Emergency and Non-Emergency Response Grant Program.

Community-Based Response Act of 2021

Sen. Van Hollen, Chris

D

MD

This bill establishes a program to assist communities with implementing alternative emergency response models in vulnerable populations to resolve crisis situations that may not require a law enforcement response or situations in which a law enforcement response may increase the risk of harm. Specifically, Administration for Community Living, in consultation with the Department of Housing and Urban Development and the Department of Justice, must award grants to eligible partnerships to establish or expand these models. The partnerships must consist of a unit of local or tribal government that is independent of law enforcement agencies and a nonprofit, community-based organization or consortium of such organizations. The partnerships may also include other entities, such as nonprofit or public institutions of higher education and behavioral health organizations. A partnership may use grant funds for a variety of purposes, such as triaging 9-1-1 calls to refer certain emergencies to entities other than law enforcement. In awarding these grants, the administration must prioritize partnerships that include community-based organizations that have a record of effectively serving, and are led by members of, vulnerable populations.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2. PURPOSES. 3. (2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). (B) Undocumented immigrant.--The term ``undocumented immigrant'' means an alien who is unlawfully present in the United States. (7) Institution of higher education.--The term ``institution of higher education'' means-- (A) such an institution as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. (ii) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (iv) An individual who is subject to the criminal justice system. 677); or (III) who is a child in an out-of- home placement. (10) Substance use disorder.--The term ``substance use disorder'' means such a disorder within the meaning of title V of the Public Health Service Act (42 U.S.C. 4. ELIGIBLE PARTNERSHIPS. 6. PLANNING GRANTS. 7. The Secretary shall make the continuation grants for periods of 2 years. (2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. 8. INITIATION AND CONTINUATION GRANT APPLICATIONS. 9. (a) In General.--An eligible partnership that receives a grant under section 7 for a project may use the grant funds for-- (1) project planning and community engagement; (2) project implementation; (3) staffing and recruitment; (4) facilities; (5) operational costs, including costs of startup or expansion activities, marketing, language translation, and transportation; (6) engagement with technical assistance providers; (7) consulting services; (8) training; (9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery; (10) programming and service interventions that include-- (A) activities that prioritize human service interventions, by entities other than law enforcement, over interventions by law enforcement; or (B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to a wholly nonpolice entity; and (11) programming and service interventions that may include-- (A) activities that include co-occurring law enforcement and human services activities, such as responses to calls about dating violence; (B) activities that include followup by human services organizations after contact by law enforcement, such as community mediation, social services, or behavioral health services; (C) training for emergency dispatch operators; and (D) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. TECHNICAL ASSISTANCE. 11. EVALUATION AND REPORT. SEC. 13.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2. 3. (2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). (iv) An individual who is subject to the criminal justice system. (10) Substance use disorder.--The term ``substance use disorder'' means such a disorder within the meaning of title V of the Public Health Service Act (42 U.S.C. 4. ELIGIBLE PARTNERSHIPS. 6. PLANNING GRANTS. 7. The Secretary shall make the continuation grants for periods of 2 years. 8. INITIATION AND CONTINUATION GRANT APPLICATIONS. 9. (a) In General.--An eligible partnership that receives a grant under section 7 for a project may use the grant funds for-- (1) project planning and community engagement; (2) project implementation; (3) staffing and recruitment; (4) facilities; (5) operational costs, including costs of startup or expansion activities, marketing, language translation, and transportation; (6) engagement with technical assistance providers; (7) consulting services; (8) training; (9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery; (10) programming and service interventions that include-- (A) activities that prioritize human service interventions, by entities other than law enforcement, over interventions by law enforcement; or (B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to a wholly nonpolice entity; and (11) programming and service interventions that may include-- (A) activities that include co-occurring law enforcement and human services activities, such as responses to calls about dating violence; (B) activities that include followup by human services organizations after contact by law enforcement, such as community mediation, social services, or behavioral health services; (C) training for emergency dispatch operators; and (D) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. TECHNICAL ASSISTANCE. 11. EVALUATION AND REPORT. SEC.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2. PURPOSES. 3. In this Act: (1) Community mental health center.--The term ``community mental health center'' has the meaning given the term in section 1861 of the Social Security Act (42 U.S.C. (2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). 7102); (S) adult survivors of sexual assault, as defined under the laws of the jurisdiction involved; (T) victims of trafficking, as defined in section 103 of the Trafficking Victims Protection Act of 2000; (U) out-of-school youth; and (V) people in an acute crisis not covered under subparagraphs (A) through (U). (B) Undocumented immigrant.--The term ``undocumented immigrant'' means an alien who is unlawfully present in the United States. (6) Indian tribe; tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. (7) Institution of higher education.--The term ``institution of higher education'' means-- (A) such an institution as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. (ii) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (iv) An individual who is subject to the criminal justice system. 677); or (III) who is a child in an out-of- home placement. 3102)). (10) Substance use disorder.--The term ``substance use disorder'' means such a disorder within the meaning of title V of the Public Health Service Act (42 U.S.C. 4. ELIGIBLE PARTNERSHIPS. 6. PLANNING GRANTS. (b) Application.--To be eligible to receive a planning grant under this section, an eligible partnership shall submit to the Secretary a planning application at such time, in such manner, and containing such information as the Secretary may require, including information on-- (1) the covered populations that will be consulted through the planning process; (2) how the partnership will engage entities that are led by the covered populations; and (3) how the partnership will solicit and confirm support from covered populations and community stakeholders in the plan. 7. The Secretary shall make the continuation grants for periods of 2 years. (2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. 8. INITIATION AND CONTINUATION GRANT APPLICATIONS. 9. (a) In General.--An eligible partnership that receives a grant under section 7 for a project may use the grant funds for-- (1) project planning and community engagement; (2) project implementation; (3) staffing and recruitment; (4) facilities; (5) operational costs, including costs of startup or expansion activities, marketing, language translation, and transportation; (6) engagement with technical assistance providers; (7) consulting services; (8) training; (9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery; (10) programming and service interventions that include-- (A) activities that prioritize human service interventions, by entities other than law enforcement, over interventions by law enforcement; or (B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to a wholly nonpolice entity; and (11) programming and service interventions that may include-- (A) activities that include co-occurring law enforcement and human services activities, such as responses to calls about dating violence; (B) activities that include followup by human services organizations after contact by law enforcement, such as community mediation, social services, or behavioral health services; (C) training for emergency dispatch operators; and (D) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. TECHNICAL ASSISTANCE. 11. 12. EVALUATION AND REPORT. SEC. 13. There is authorized to be appropriated-- (1) to carry out planning and initiation grants under this Act, $100,000,000 for each of fiscal years 2022 through 2026; and (2) to carry out continuation grants under this Act, $75,000,000 for each of fiscal years 2027 and 2028.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2. PURPOSES. 3. In this Act: (1) Community mental health center.--The term ``community mental health center'' has the meaning given the term in section 1861 of the Social Security Act (42 U.S.C. (2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). 7102); (S) adult survivors of sexual assault, as defined under the laws of the jurisdiction involved; (T) victims of trafficking, as defined in section 103 of the Trafficking Victims Protection Act of 2000; (U) out-of-school youth; and (V) people in an acute crisis not covered under subparagraphs (A) through (U). (B) Undocumented immigrant.--The term ``undocumented immigrant'' means an alien who is unlawfully present in the United States. (6) Indian tribe; tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. (7) Institution of higher education.--The term ``institution of higher education'' means-- (A) such an institution as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. (ii) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (iv) An individual who is subject to the criminal justice system. 677); or (III) who is a child in an out-of- home placement. 3102)). (10) Substance use disorder.--The term ``substance use disorder'' means such a disorder within the meaning of title V of the Public Health Service Act (42 U.S.C. 4. ELIGIBLE PARTNERSHIPS. 6. PLANNING GRANTS. (b) Application.--To be eligible to receive a planning grant under this section, an eligible partnership shall submit to the Secretary a planning application at such time, in such manner, and containing such information as the Secretary may require, including information on-- (1) the covered populations that will be consulted through the planning process; (2) how the partnership will engage entities that are led by the covered populations; and (3) how the partnership will solicit and confirm support from covered populations and community stakeholders in the plan. 7. The Secretary shall make the continuation grants for periods of 2 years. (2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. 8. INITIATION AND CONTINUATION GRANT APPLICATIONS. 9. (a) In General.--An eligible partnership that receives a grant under section 7 for a project may use the grant funds for-- (1) project planning and community engagement; (2) project implementation; (3) staffing and recruitment; (4) facilities; (5) operational costs, including costs of startup or expansion activities, marketing, language translation, and transportation; (6) engagement with technical assistance providers; (7) consulting services; (8) training; (9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery; (10) programming and service interventions that include-- (A) activities that prioritize human service interventions, by entities other than law enforcement, over interventions by law enforcement; or (B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to a wholly nonpolice entity; and (11) programming and service interventions that may include-- (A) activities that include co-occurring law enforcement and human services activities, such as responses to calls about dating violence; (B) activities that include followup by human services organizations after contact by law enforcement, such as community mediation, social services, or behavioral health services; (C) training for emergency dispatch operators; and (D) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. TECHNICAL ASSISTANCE. 11. 12. EVALUATION AND REPORT. SEC. 13. There is authorized to be appropriated-- (1) to carry out planning and initiation grants under this Act, $100,000,000 for each of fiscal years 2022 through 2026; and (2) to carry out continuation grants under this Act, $75,000,000 for each of fiscal years 2027 and 2028.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). 4) Dating violence.--The term ``dating violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). ( 5) Immigration terms.-- (A) Immigrant.--The term ``immigrant'' means an alien who has entered the United States. (B) Undocumented immigrant.--The term ``undocumented immigrant'' means an alien who is unlawfully present in the United States. ( 8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. ( (iv) An individual who is subject to the criminal justice system. ( vi) An individual-- (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677); or (III) who is a child in an out-of- home placement. ( ELIGIBLE PARTNERSHIPS. (a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. ( b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (b) Application.--To be eligible to receive a planning grant under this section, an eligible partnership shall submit to the Secretary a planning application at such time, in such manner, and containing such information as the Secretary may require, including information on-- (1) the covered populations that will be consulted through the planning process; (2) how the partnership will engage entities that are led by the covered populations; and (3) how the partnership will solicit and confirm support from covered populations and community stakeholders in the plan. a) Initiation Grants.--In carrying out the Program, the Secretary shall make initiation grants to not fewer than 40 eligible partnerships, including not fewer than 4 eligible partnerships that include Indian tribes or tribal organizations, of which not fewer than 2 shall be eligible partnerships led by an Indian tribe or tribal organization, to carry out projects to meet the objectives described in subsection (a). (b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). 2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. c) Consideration.--In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. ANNUAL REPORTING REQUIREMENTS. EVALUATION AND REPORT. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). ( 4) Dating violence.--The term ``dating violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). ( 5) Immigration terms.-- (A) Immigrant.--The term ``immigrant'' means an alien who has entered the United States. ( (8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. ( iv) An individual who is subject to the criminal justice system. ( vi) An individual-- (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677); or (III) who is a child in an out-of- home placement. ( ELIGIBLE PARTNERSHIPS. ( a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. (b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. a) In General.--In carrying out the Program, the Secretary shall use not more than 10 percent of the amount appropriated under section 13(1) to make planning grants to eligible partnerships to engage, with meaningful participation from the covered populations and covered community-based organizations involved, in comprehensive design of a community response plan, in order to prepare a high-quality application for an initiation grant. ( (b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). 2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. c) Consideration.--In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. ANNUAL REPORTING REQUIREMENTS. EVALUATION AND REPORT. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation. AUTHORIZATION OF APPROPRIATIONS.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). ( 4) Dating violence.--The term ``dating violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). ( 5) Immigration terms.-- (A) Immigrant.--The term ``immigrant'' means an alien who has entered the United States. ( (8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. ( iv) An individual who is subject to the criminal justice system. ( vi) An individual-- (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677); or (III) who is a child in an out-of- home placement. ( ELIGIBLE PARTNERSHIPS. ( a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. (b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. a) In General.--In carrying out the Program, the Secretary shall use not more than 10 percent of the amount appropriated under section 13(1) to make planning grants to eligible partnerships to engage, with meaningful participation from the covered populations and covered community-based organizations involved, in comprehensive design of a community response plan, in order to prepare a high-quality application for an initiation grant. ( (b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). 2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. c) Consideration.--In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. ANNUAL REPORTING REQUIREMENTS. EVALUATION AND REPORT. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation. AUTHORIZATION OF APPROPRIATIONS.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). 4) Dating violence.--The term ``dating violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). ( 5) Immigration terms.-- (A) Immigrant.--The term ``immigrant'' means an alien who has entered the United States. (B) Undocumented immigrant.--The term ``undocumented immigrant'' means an alien who is unlawfully present in the United States. ( 8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. ( (iv) An individual who is subject to the criminal justice system. ( vi) An individual-- (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677); or (III) who is a child in an out-of- home placement. ( ELIGIBLE PARTNERSHIPS. (a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. ( b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (b) Application.--To be eligible to receive a planning grant under this section, an eligible partnership shall submit to the Secretary a planning application at such time, in such manner, and containing such information as the Secretary may require, including information on-- (1) the covered populations that will be consulted through the planning process; (2) how the partnership will engage entities that are led by the covered populations; and (3) how the partnership will solicit and confirm support from covered populations and community stakeholders in the plan. a) Initiation Grants.--In carrying out the Program, the Secretary shall make initiation grants to not fewer than 40 eligible partnerships, including not fewer than 4 eligible partnerships that include Indian tribes or tribal organizations, of which not fewer than 2 shall be eligible partnerships led by an Indian tribe or tribal organization, to carry out projects to meet the objectives described in subsection (a). (b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). 2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. c) Consideration.--In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. ANNUAL REPORTING REQUIREMENTS. EVALUATION AND REPORT. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). ( 4) Dating violence.--The term ``dating violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). ( 5) Immigration terms.-- (A) Immigrant.--The term ``immigrant'' means an alien who has entered the United States. ( (8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. ( iv) An individual who is subject to the criminal justice system. ( vi) An individual-- (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677); or (III) who is a child in an out-of- home placement. ( ELIGIBLE PARTNERSHIPS. ( a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. (b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. a) In General.--In carrying out the Program, the Secretary shall use not more than 10 percent of the amount appropriated under section 13(1) to make planning grants to eligible partnerships to engage, with meaningful participation from the covered populations and covered community-based organizations involved, in comprehensive design of a community response plan, in order to prepare a high-quality application for an initiation grant. ( (b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). 2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. c) Consideration.--In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. ANNUAL REPORTING REQUIREMENTS. EVALUATION AND REPORT. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation. AUTHORIZATION OF APPROPRIATIONS.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). 4) Dating violence.--The term ``dating violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). ( 5) Immigration terms.-- (A) Immigrant.--The term ``immigrant'' means an alien who has entered the United States. (B) Undocumented immigrant.--The term ``undocumented immigrant'' means an alien who is unlawfully present in the United States. ( 8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. ( (iv) An individual who is subject to the criminal justice system. ( vi) An individual-- (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677); or (III) who is a child in an out-of- home placement. ( ELIGIBLE PARTNERSHIPS. (a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. ( b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (b) Application.--To be eligible to receive a planning grant under this section, an eligible partnership shall submit to the Secretary a planning application at such time, in such manner, and containing such information as the Secretary may require, including information on-- (1) the covered populations that will be consulted through the planning process; (2) how the partnership will engage entities that are led by the covered populations; and (3) how the partnership will solicit and confirm support from covered populations and community stakeholders in the plan. a) Initiation Grants.--In carrying out the Program, the Secretary shall make initiation grants to not fewer than 40 eligible partnerships, including not fewer than 4 eligible partnerships that include Indian tribes or tribal organizations, of which not fewer than 2 shall be eligible partnerships led by an Indian tribe or tribal organization, to carry out projects to meet the objectives described in subsection (a). (b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). 2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. c) Consideration.--In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. ANNUAL REPORTING REQUIREMENTS. EVALUATION AND REPORT. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. ( (b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a).

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). (a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. ( b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. ( a) Initiation Grants.--In carrying out the Program, the Secretary shall make initiation grants to not fewer than 40 eligible partnerships, including not fewer than 4 eligible partnerships that include Indian tribes or tribal organizations, of which not fewer than 2 shall be eligible partnerships led by an Indian tribe or tribal organization, to carry out projects to meet the objectives described in subsection (a). ( b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation.

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. ( (b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a).

To provide for a Community-Based Emergency and Non-Emergency Response Grant Program. 2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). (a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. ( b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. ( a) Initiation Grants.--In carrying out the Program, the Secretary shall make initiation grants to not fewer than 40 eligible partnerships, including not fewer than 4 eligible partnerships that include Indian tribes or tribal organizations, of which not fewer than 2 shall be eligible partnerships led by an Indian tribe or tribal organization, to carry out projects to meet the objectives described in subsection (a). ( b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation.

Community-Based Response Act of 2021 - Amends the Internal Revenue Code to establish a Community-Based Emergency and Non-Emergency Response Grant Program to provide grants to community mental health centers and community-based organizations to provide emergency and non-emergency response services to individuals who are racial or ethnic minorities or members of an Indian tribe, immigrants, including undocumented immigrants, immigrants who have recently Directs the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living and in consultation with the Assistant Secretary for Mental Health and Substance Use, the Assistant Secretaries for Housing and Urban Development, and the Attorney General, to establish a Community-Based Emergency and Non- Emergency Response Grant Program to improve community-based emergency and non-emergency response Directs the Secretary of Health and Human Services to give priority to: (1) eligible partnerships that include covered populations that have a documented record of accomplishment in improving outcomes or preventing, reducing, or eliminating inequities in that community; and (2) partnerships led by individuals who have served more than one covered population. (Sec. 3) Requires a partnership to submit an application for an Directs the Secretary of Health and Human Services to arrange for a national technical assistance provider for organizations described in this Act to provide technical assistance support and develop and disseminate best practices for projects carried out under this Act. Requires the Secretary to complete an evaluation of the implementation and outcomes of such projects. Requires each grant recipient to report to the Secretary on: (1) the specific

H.R.4495

Housing and Community Development

Downpayment Toward Equity Act of 2021 This bill establishes a grant program through the Department of Housing and Urban Development for states and other entities to provide qualifying assistance to certain first-time, first-generation home buyers in purchasing their first homes. Qualifying assistance includes assistance for mortgage down payments, mortgage closing costs, reduction of mortgage interest rates, subsidies for shared equity homes, or for certain preoccupancy modifications to a home to accommodate persons with disabilities. The bill also establishes grant requirements regarding home buyer income, types of housing, homeowner occupancy, types of mortgages, and home buyer counseling.

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Downpayment Toward Equity Act of 2021''. SEC. 2. FIRST-GENERATION DOWNPAYMENT ASSISTANCE DOWNPAYMENT PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall carry out a program under this Act to provide grants to States and eligible entities to provide financial assistance under this Act to first-generation homebuyers to assist them with acquiring owner- occupied primary residences. (b) Allocation.--After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States.--75 percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration-- (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. (2) Eligible entities.--25 percent of such amounts shall be made available only to eligible entities on a competitive basis. (c) Assistance.--Amounts from a grant under this Act shall be used only to provide assistance-- (1) on behalf of a qualified homebuyer; and (2) for-- (A) costs in connection with the acquisition, involving an eligible mortgage loan, of an eligible home, including downpayment costs, closing costs, and costs to reduce the rates of interest on eligible mortgage loans; (B) for subsidies to make shared equity homes affordable to eligible homebuyers by discounting the price for which the home will be sold and to preserve the home's affordability for subsequent eligible buyers; and (C) for pre-occupancy home modifications required to accommodate qualified homebuyers or members of their household with disabilities. (d) Amount.--A grant of assistance under this Act-- (1) may be provided on behalf of any qualified homebuyer only once; and (2) may not exceed $20,000, or $25,000 in the case of a qualified homebuyer who is a socially and economically disadvantaged individual, except that the Secretary may increase such maximum limitation amounts in the case of qualified homebuyers acquiring residences located in high-cost areas, as determined based on median home prices or prices of residences under a shared equity homeownership program. (e) Layering of Assistance.--Assistance from grant amounts under this Act may be provided on behalf of a qualified homebuyer who is receiving assistance from other sources, including other State, Federal, local, private, public, and nonprofit sources, for acquisition of an eligible home. (f) State Administration.-- (1) In general.--The Secretary shall require that each State receiving grant amounts under this Act administer the program to provide assistance with such amounts through the State housing finance agency for the State or such other housing agency of the State as the Secretary finds appropriate, except that any such agency may, at the option of the agency, contract with a nonprofit entity, including a housing counseling agency approved by the Secretary, to administer such assistance. (2) Affirmatively furthering fair housing.--For a State to be eligible for a grant under this Act, the State shall be in compliance with the Secretary's regulations implementing the requirement under section 808(e)(5) of the Fair Housing Act (42 U.S.C. 3608(e)(5)) to affirmatively further fair housing. (3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. (g) Reallocation of State Amounts.--The Secretary shall reallocate any grant funds under this Act allocated for a fiscal year that remain unused at the end of such fiscal year among States and eligible entities that demonstrate to the Secretary the capacity to expend such amounts and that are satisfactorily meeting the goals of the program under this Act, as determined by the Secretary. (h) Uniformity and Program Standardization.--The Secretary shall establish a uniform set of requirements to which each State and eligible entity receiving grant amounts under this Act shall comply. SEC. 3. QUALIFIED HOMEBUYERS. (a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. as determined by the Secretary, 180 percent of the median income for the area within which the eligible home to be acquired using such assistance is located; and (2) First-time homebuyer.--The homebuyer, as self-attested by the homebuyer, is a first-time homebuyer, as such term is defined in section 92.2 of the Secretary's regulations (24 C.F.R. 92.2), except that for purposes of this subsection the reference in such section 92.2 to the American Dream Downpayment Initiative shall be considered to refer to the program under this Act. (3) First-generation homebuyer.--The homebuyer is, as self- attested by the homebuyer-- (A) an individual-- (i) whose parents or legal guardians do not have any present residential ownership interest in any State; and (ii) whose spouse, or domestic partner, and each member of whose household has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a principal residence in any State; or (B) an individual who has at any time been placed in foster care. (b) Reliance on Borrower Attestations.--No creditor shall be subject to liability, including monetary penalties or requirements to indemnify a Federal agency or repurchase a loan that has been sold or securitized, for the provision of downpayment assistance under this Act to a borrower who does not meet the eligibility requirements if the creditor does so in good faith reliance on borrower attestations of eligibility required by this Act or regulation. SEC. 4. ELIGIBLE HOMES. (a) In General.--Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that-- (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (b) Repayment of Assistance.-- (1) Requirement.--The Secretary shall require that, if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act fails or ceases to occupy the property acquired using such assistance as the primary residence of the homebuyer, except in the case of assistance is provided in connection with the purchase of a primary residence through a shared equity homeownership program, the homebuyer shall repay to the Secretary-- (A) 100 percent of the amount of such assistance, if such failure to occupy commences before the expiration of the 12-month period beginning on the date of acquisition; (B) 80 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 12-month period beginning on such date of acquisition but before the expiration of the 24-month period beginning on such date of acquisition; (C) 60 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 24-month period beginning on such date of acquisition but before the expiration of the 36-month period beginning on such date of acquisition; (D) 40 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 36-month period beginning on such date of acquisition but before the expiration of the 48-month period beginning on such date of acquisition; and (E) 20 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 48-month period beginning on such date of acquisition but before the expiration of the 60-month period beginning on such date of acquisition. (2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. SEC. 5. ELIGIBLE MORTGAGE LOANS. Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that-- (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act (12 U.S.C. 1707 et seq.) or title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.); (3) is a qualified mortgage, as such term is defined in section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)); (4) is made, insured, or guaranteed under chapter 37 of title 38, United States Code; or (5) is guaranteed under section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a). SEC. 6. HOUSING COUNSELING REQUIREMENT. (a) In General.--Except as provided pursuant to section 3, assistance with grant amounts under this Act may not be provided on behalf of qualified homebuyer unless such homebuyer has completed a program of counseling with respect to the responsibilities and financial management involved in homeownership before entering into a sales purchase agreement or loan application, except as provided under subsection (c), as the Secretary shall require, provided through a counseling agency approved by the Secretary. Such program may be delivered virtually, by telephone, or any other method the Secretary determines acceptable and shall include providing information on fair housing rights and on the availability of post-purchase housing counseling opportunities and instruction on how to file a fair housing complaint. (b) Alternative Requirement.--The Secretary shall provide that if a qualified homebuyer is unable to complete the requirement under subsection (a) within 30 days due to housing counseling agency capacity issues, a State or eligible entity may allow such qualified homebuyer to complete alternative homebuyer education to fulfill the requirement under subsection (a), including homebuyer education that is provided through an online platform, and such qualified homebuyer shall be made aware of the availability of post-purchase housing counseling opportunities. (c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. An eligible homebuyer may be re-qualified at least one additional time in a calendar year, or more as determined by the Secretary. (d) Funding.--Of any amounts appropriated to carry out this Act, the Secretary shall use not less than 5 percent for costs of providing counseling referred to in subsection (a). SEC. 7. ADMINISTRATIVE COSTS. Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. SEC. 8. REPORTS. (a) In General.--For each fiscal year during which the Secretary makes grants under this Act, the Secretary shall submit to the Congress, and make publicly available online in an easily accessible location on the website of the Department, a report that shall include-- (1) demographic information regarding applicants for and recipients of assistance provided pursuant to this Act, including race, ethnicity, and gender; (2) information regarding the types and amount of assistance provided, including downpayment assistance, assistance with closing costs, and assistance to reduce mortgage loan interest rates; (3) information regarding properties acquired using such assistance, including location, property value, property type, and first mortgage type and investor. All data shall be disaggregated by zip code or census tract level, whichever is most feasible, and demographic information, including race, ethnicity, and gender, and any other data points the Secretary deems appropriate especially to observe equitable outcomes to ensure the program is affirmatively furthering fair housing. (b) Capacity Building.--Of any amounts appropriated to carry out this Act, the Secretary shall use not more than 1 percent to assist States and eligible entities to develop capacity to meet the reporting requirements under subsection (a). The Secretary shall encourage States and eligible entities to consult with community-based and nonprofit organizations that have as their mission to advance fair housing and fair lending. (c) Privacy Requirements.-- (1) In general.--Each State and eligible entity that receives a grant under this Act shall establish data privacy and security requirements for the information described in subsection (a) that-- (A) include appropriate measures to ensure that the privacy of the individuals and households is protected; (B) provide that the information, including any personally identifiable information, is collected and used only for the purpose of submitting reports under subsection (a); and (C) provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence, sexual assault, or stalking. (2) Statistical research.-- (A) In general.--The Secretary-- (i) may provide full and unredacted information provided under subsection (a), including personally identifiable information, for statistical research purposes in accordance with existing law; and (ii) may collect and make available for statistical research, at the census tract level, information collected under paragraph (1). (B) Application of privacy requirements.--A recipient of information under subparagraph (A) shall establish for such information the data privacy and security requirements described in paragraph (1). SEC. 9. COMPELLING INTEREST STUDY. The Secretary and the Attorney General shall survey and compile evidence to determine whether or not there is a sufficient history of discrimination in housing and the appropriate remedy to redress such historic discrimination. The Secretary shall make conclusions and recommendations based on the evidence and provide States and eligible entities granted awards under this Act an opportunity to modify their programs for assistance under this Act according to such recommendations. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Affirmatively further fair housing.--The term ``affirmatively further fair housing'' has the same meaning as defined by the Secretary to implement section 808(e)(5) of the Fair Housing Act (42 U.S.C. 3608(e)(5)). (2) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a minority depository institution, as such term is defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note); (B) a community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations; and (C) any other nonprofit, mission-driven entity that the Secretary finds targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations. (4) Eligible home.--The term ``eligible home'' means a residential dwelling, including a unit in a condominium or cooperative project or a manufactured housing unit, that meets the requirements of section 4. (5) Eligible mortgage loan.--The term ``eligible mortgage loan'' means a residential mortgage loan that meets the requirements of section 5. (6) Qualified homebuyer.--The term ``qualified homebuyer'' means a homebuyer who meets the requirements of section 3, and includes homebuyers consisting of multiple individuals, co- purchasers, and multi-member households. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (8) Shared equity homeownership program.-- (A) In general.--The term ``shared equity homeownership program'' means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities. (B) Affordability requirements.--Any such program under subparagraph (A) shall-- (i) provide affordable homeownership opportunities to households; and (ii) utilize a ground lease, deed restriction, subordinate loan, or similar legal mechanism that includes provisions ensuring that the program shall-- (I) maintain the homeownership unit as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (II) apply a resale formula that limits the homeowner's proceeds upon resale; and (III) provide the program administrator or such administrator's assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (9) Socially and economically disadvantaged individual.-- The term ``socially and economically disadvantaged individual'' means an individual who meets the following requirements: (A) Social disadvantage.-- (i) In general.--The individual is a member of a socially disadvantaged group, whose members have historically been subjected to racial or ethnic discrimination within the United States because of their identity as members of such group without regard to their individual qualities. (ii) Presumption; rebuttal.--An individual identifying as Black, Hispanic, Native American, or Asian American, or any combination thereof, shall be presumed to be socially disadvantaged for purposes of clause (i). Such presumption may be rebutted by such individual with credible evidence to the contrary. (iii) Burden of proof.--An individual who does not identify as described in clause (ii) shall be required to establish individual social disadvantage for purposes of clause (i) by a preponderance of the evidence. (iv) Rules.--The Secretary may issue regulations as necessary to establish procedures for complying with this subparagraph. (B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). (10) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the tribal government of any Indian tribe, as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). SEC. 11. REGULATIONS. The Secretary shall issue any regulations necessary to implement this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for grants under this Act $100,000,000,000, and any amounts appropriated pursuant to this section shall remain available until expended. <all>

Downpayment Toward Equity Act of 2021

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes.

Downpayment Toward Equity Act of 2021

Rep. Waters, Maxine

D

CA

This bill establishes a grant program through the Department of Housing and Urban Development for states and other entities to provide qualifying assistance to certain first-time, first-generation home buyers in purchasing their first homes. Qualifying assistance includes assistance for mortgage down payments, mortgage closing costs, reduction of mortgage interest rates, subsidies for shared equity homes, or for certain preoccupancy modifications to a home to accommodate persons with disabilities. The bill also establishes grant requirements regarding home buyer income, types of housing, homeowner occupancy, types of mortgages, and home buyer counseling.

2. FIRST-GENERATION DOWNPAYMENT ASSISTANCE DOWNPAYMENT PROGRAM. QUALIFIED HOMEBUYERS. ELIGIBLE HOMES. (a) In General.--Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that-- (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. ELIGIBLE MORTGAGE LOANS. Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). REGULATIONS. SEC. 12.

2. FIRST-GENERATION DOWNPAYMENT ASSISTANCE DOWNPAYMENT PROGRAM. QUALIFIED HOMEBUYERS. ELIGIBLE HOMES. (a) In General.--Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that-- (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. ELIGIBLE MORTGAGE LOANS. Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). REGULATIONS. SEC. 12.

SHORT TITLE. 2. FIRST-GENERATION DOWNPAYMENT ASSISTANCE DOWNPAYMENT PROGRAM. (f) State Administration.-- (1) In general.--The Secretary shall require that each State receiving grant amounts under this Act administer the program to provide assistance with such amounts through the State housing finance agency for the State or such other housing agency of the State as the Secretary finds appropriate, except that any such agency may, at the option of the agency, contract with a nonprofit entity, including a housing counseling agency approved by the Secretary, to administer such assistance. 3608(e)(5)) to affirmatively further fair housing. QUALIFIED HOMEBUYERS. ELIGIBLE HOMES. (a) In General.--Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that-- (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (b) Repayment of Assistance.-- (1) Requirement.--The Secretary shall require that, if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act fails or ceases to occupy the property acquired using such assistance as the primary residence of the homebuyer, except in the case of assistance is provided in connection with the purchase of a primary residence through a shared equity homeownership program, the homebuyer shall repay to the Secretary-- (A) 100 percent of the amount of such assistance, if such failure to occupy commences before the expiration of the 12-month period beginning on the date of acquisition; (B) 80 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 12-month period beginning on such date of acquisition but before the expiration of the 24-month period beginning on such date of acquisition; (C) 60 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 24-month period beginning on such date of acquisition but before the expiration of the 36-month period beginning on such date of acquisition; (D) 40 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 36-month period beginning on such date of acquisition but before the expiration of the 48-month period beginning on such date of acquisition; and (E) 20 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 48-month period beginning on such date of acquisition but before the expiration of the 60-month period beginning on such date of acquisition. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. ELIGIBLE MORTGAGE LOANS. 6. HOUSING COUNSELING REQUIREMENT. Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. 8. REPORTS. (B) Application of privacy requirements.--A recipient of information under subparagraph (A) shall establish for such information the data privacy and security requirements described in paragraph (1). 9. COMPELLING INTEREST STUDY. 10. DEFINITIONS. 4702), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations; and (C) any other nonprofit, mission-driven entity that the Secretary finds targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (ii) Presumption; rebuttal.--An individual identifying as Black, Hispanic, Native American, or Asian American, or any combination thereof, shall be presumed to be socially disadvantaged for purposes of clause (i). (B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). REGULATIONS. SEC. 12.

SHORT TITLE. 2. FIRST-GENERATION DOWNPAYMENT ASSISTANCE DOWNPAYMENT PROGRAM. (f) State Administration.-- (1) In general.--The Secretary shall require that each State receiving grant amounts under this Act administer the program to provide assistance with such amounts through the State housing finance agency for the State or such other housing agency of the State as the Secretary finds appropriate, except that any such agency may, at the option of the agency, contract with a nonprofit entity, including a housing counseling agency approved by the Secretary, to administer such assistance. 3608(e)(5)) to affirmatively further fair housing. QUALIFIED HOMEBUYERS. ELIGIBLE HOMES. (a) In General.--Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that-- (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (b) Repayment of Assistance.-- (1) Requirement.--The Secretary shall require that, if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act fails or ceases to occupy the property acquired using such assistance as the primary residence of the homebuyer, except in the case of assistance is provided in connection with the purchase of a primary residence through a shared equity homeownership program, the homebuyer shall repay to the Secretary-- (A) 100 percent of the amount of such assistance, if such failure to occupy commences before the expiration of the 12-month period beginning on the date of acquisition; (B) 80 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 12-month period beginning on such date of acquisition but before the expiration of the 24-month period beginning on such date of acquisition; (C) 60 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 24-month period beginning on such date of acquisition but before the expiration of the 36-month period beginning on such date of acquisition; (D) 40 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 36-month period beginning on such date of acquisition but before the expiration of the 48-month period beginning on such date of acquisition; and (E) 20 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 48-month period beginning on such date of acquisition but before the expiration of the 60-month period beginning on such date of acquisition. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. ELIGIBLE MORTGAGE LOANS. 1707 et seq.) or title V of the Housing Act of 1949 (42 U.S.C. 6. HOUSING COUNSELING REQUIREMENT. An eligible homebuyer may be re-qualified at least one additional time in a calendar year, or more as determined by the Secretary. Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. 8. REPORTS. (2) Statistical research.-- (A) In general.--The Secretary-- (i) may provide full and unredacted information provided under subsection (a), including personally identifiable information, for statistical research purposes in accordance with existing law; and (ii) may collect and make available for statistical research, at the census tract level, information collected under paragraph (1). (B) Application of privacy requirements.--A recipient of information under subparagraph (A) shall establish for such information the data privacy and security requirements described in paragraph (1). 9. COMPELLING INTEREST STUDY. 10. DEFINITIONS. 4702), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations; and (C) any other nonprofit, mission-driven entity that the Secretary finds targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (9) Socially and economically disadvantaged individual.-- The term ``socially and economically disadvantaged individual'' means an individual who meets the following requirements: (A) Social disadvantage.-- (i) In general.--The individual is a member of a socially disadvantaged group, whose members have historically been subjected to racial or ethnic discrimination within the United States because of their identity as members of such group without regard to their individual qualities. (ii) Presumption; rebuttal.--An individual identifying as Black, Hispanic, Native American, or Asian American, or any combination thereof, shall be presumed to be socially disadvantaged for purposes of clause (i). (B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). REGULATIONS. SEC. 12. There is authorized to be appropriated for grants under this Act $100,000,000,000, and any amounts appropriated pursuant to this section shall remain available until expended.

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. b) Allocation.--After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States.--75 percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration-- (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. ( d) Amount.--A grant of assistance under this Act-- (1) may be provided on behalf of any qualified homebuyer only once; and (2) may not exceed $20,000, or $25,000 in the case of a qualified homebuyer who is a socially and economically disadvantaged individual, except that the Secretary may increase such maximum limitation amounts in the case of qualified homebuyers acquiring residences located in high-cost areas, as determined based on median home prices or prices of residences under a shared equity homeownership program. ( e) Layering of Assistance.--Assistance from grant amounts under this Act may be provided on behalf of a qualified homebuyer who is receiving assistance from other sources, including other State, Federal, local, private, public, and nonprofit sources, for acquisition of an eligible home. (f) State Administration.-- (1) In general.--The Secretary shall require that each State receiving grant amounts under this Act administer the program to provide assistance with such amounts through the State housing finance agency for the State or such other housing agency of the State as the Secretary finds appropriate, except that any such agency may, at the option of the agency, contract with a nonprofit entity, including a housing counseling agency approved by the Secretary, to administer such assistance. ( 3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. (g) Reallocation of State Amounts.--The Secretary shall reallocate any grant funds under this Act allocated for a fiscal year that remain unused at the end of such fiscal year among States and eligible entities that demonstrate to the Secretary the capacity to expend such amounts and that are satisfactorily meeting the goals of the program under this Act, as determined by the Secretary. ( a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. as determined by the Secretary, 180 percent of the median income for the area within which the eligible home to be acquired using such assistance is located; and (2) First-time homebuyer.--The homebuyer, as self-attested by the homebuyer, is a first-time homebuyer, as such term is defined in section 92.2 of the Secretary's regulations (24 C.F.R. 92.2), except that for purposes of this subsection the reference in such section 92.2 to the American Dream Downpayment Initiative shall be considered to refer to the program under this Act. ( 3) First-generation homebuyer.--The homebuyer is, as self- attested by the homebuyer-- (A) an individual-- (i) whose parents or legal guardians do not have any present residential ownership interest in any State; and (ii) whose spouse, or domestic partner, and each member of whose household has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a principal residence in any State; or (B) an individual who has at any time been placed in foster care. (b) Reliance on Borrower Attestations.--No creditor shall be subject to liability, including monetary penalties or requirements to indemnify a Federal agency or repurchase a loan that has been sold or securitized, for the provision of downpayment assistance under this Act to a borrower who does not meet the eligibility requirements if the creditor does so in good faith reliance on borrower attestations of eligibility required by this Act or regulation. a) In General.--Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that-- (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. ( Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that-- (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act (12 U.S.C. 1707 et seq.) or title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq. ); ( Such program may be delivered virtually, by telephone, or any other method the Secretary determines acceptable and shall include providing information on fair housing rights and on the availability of post-purchase housing counseling opportunities and instruction on how to file a fair housing complaint. (b) Alternative Requirement.--The Secretary shall provide that if a qualified homebuyer is unable to complete the requirement under subsection (a) within 30 days due to housing counseling agency capacity issues, a State or eligible entity may allow such qualified homebuyer to complete alternative homebuyer education to fulfill the requirement under subsection (a), including homebuyer education that is provided through an online platform, and such qualified homebuyer shall be made aware of the availability of post-purchase housing counseling opportunities. ( c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. All data shall be disaggregated by zip code or census tract level, whichever is most feasible, and demographic information, including race, ethnicity, and gender, and any other data points the Secretary deems appropriate especially to observe equitable outcomes to ensure the program is affirmatively furthering fair housing. ( The Secretary shall encourage States and eligible entities to consult with community-based and nonprofit organizations that have as their mission to advance fair housing and fair lending. ( 2) Statistical research.-- (A) In general.--The Secretary-- (i) may provide full and unredacted information provided under subsection (a), including personally identifiable information, for statistical research purposes in accordance with existing law; and (ii) may collect and make available for statistical research, at the census tract level, information collected under paragraph (1). ( The Secretary shall make conclusions and recommendations based on the evidence and provide States and eligible entities granted awards under this Act an opportunity to modify their programs for assistance under this Act according to such recommendations. For purposes of this Act, the following definitions shall apply: (1) Affirmatively further fair housing.--The term ``affirmatively further fair housing'' has the same meaning as defined by the Secretary to implement section 808(e)(5) of the Fair Housing Act (42 U.S.C. 3608(e)(5)). ( 4702), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations; and (C) any other nonprofit, mission-driven entity that the Secretary finds targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations. ( 5) Eligible mortgage loan.--The term ``eligible mortgage loan'' means a residential mortgage loan that meets the requirements of section 5. ( 9) Socially and economically disadvantaged individual.-- The term ``socially and economically disadvantaged individual'' means an individual who meets the following requirements: (A) Social disadvantage.-- (i) In general.--The individual is a member of a socially disadvantaged group, whose members have historically been subjected to racial or ethnic discrimination within the United States because of their identity as members of such group without regard to their individual qualities. ( iii) Burden of proof.--An individual who does not identify as described in clause (ii) shall be required to establish individual social disadvantage for purposes of clause (i) by a preponderance of the evidence. (iv) Rules.--The Secretary may issue regulations as necessary to establish procedures for complying with this subparagraph. ( There is authorized to be appropriated for grants under this Act $100,000,000,000, and any amounts appropriated pursuant to this section shall remain available until expended.

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. b) Allocation.--After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States.--75 percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration-- (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. ( (d) Amount.--A grant of assistance under this Act-- (1) may be provided on behalf of any qualified homebuyer only once; and (2) may not exceed $20,000, or $25,000 in the case of a qualified homebuyer who is a socially and economically disadvantaged individual, except that the Secretary may increase such maximum limitation amounts in the case of qualified homebuyers acquiring residences located in high-cost areas, as determined based on median home prices or prices of residences under a shared equity homeownership program. ( 3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. (g) Reallocation of State Amounts.--The Secretary shall reallocate any grant funds under this Act allocated for a fiscal year that remain unused at the end of such fiscal year among States and eligible entities that demonstrate to the Secretary the capacity to expend such amounts and that are satisfactorily meeting the goals of the program under this Act, as determined by the Secretary. ( a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. (3) First-generation homebuyer.--The homebuyer is, as self- attested by the homebuyer-- (A) an individual-- (i) whose parents or legal guardians do not have any present residential ownership interest in any State; and (ii) whose spouse, or domestic partner, and each member of whose household has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a principal residence in any State; or (B) an individual who has at any time been placed in foster care. ( b) Reliance on Borrower Attestations.--No creditor shall be subject to liability, including monetary penalties or requirements to indemnify a Federal agency or repurchase a loan that has been sold or securitized, for the provision of downpayment assistance under this Act to a borrower who does not meet the eligibility requirements if the creditor does so in good faith reliance on borrower attestations of eligibility required by this Act or regulation. 2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that-- (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act (12 U.S.C. 1707 et seq.) (b) Alternative Requirement.--The Secretary shall provide that if a qualified homebuyer is unable to complete the requirement under subsection (a) within 30 days due to housing counseling agency capacity issues, a State or eligible entity may allow such qualified homebuyer to complete alternative homebuyer education to fulfill the requirement under subsection (a), including homebuyer education that is provided through an online platform, and such qualified homebuyer shall be made aware of the availability of post-purchase housing counseling opportunities. ( c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. All data shall be disaggregated by zip code or census tract level, whichever is most feasible, and demographic information, including race, ethnicity, and gender, and any other data points the Secretary deems appropriate especially to observe equitable outcomes to ensure the program is affirmatively furthering fair housing. ( b) Capacity Building.--Of any amounts appropriated to carry out this Act, the Secretary shall use not more than 1 percent to assist States and eligible entities to develop capacity to meet the reporting requirements under subsection (a). (B) Application of privacy requirements.--A recipient of information under subparagraph (A) shall establish for such information the data privacy and security requirements described in paragraph (1). 2) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. ( (4) Eligible home.--The term ``eligible home'' means a residential dwelling, including a unit in a condominium or cooperative project or a manufactured housing unit, that meets the requirements of section 4. ( 9) Socially and economically disadvantaged individual.-- The term ``socially and economically disadvantaged individual'' means an individual who meets the following requirements: (A) Social disadvantage.-- (i) In general.--The individual is a member of a socially disadvantaged group, whose members have historically been subjected to racial or ethnic discrimination within the United States because of their identity as members of such group without regard to their individual qualities. ( (iii) Burden of proof.--An individual who does not identify as described in clause (ii) shall be required to establish individual social disadvantage for purposes of clause (i) by a preponderance of the evidence. ( B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). (

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. 3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. ( ( a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. ( 2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. ( b) Capacity Building.--Of any amounts appropriated to carry out this Act, the Secretary shall use not more than 1 percent to assist States and eligible entities to develop capacity to meet the reporting requirements under subsection (a). ( B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). (

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. b) Allocation.--After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States.--75 percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration-- (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. ( ( ( 3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. ( ( a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. 92.2), except that for purposes of this subsection the reference in such section 92.2 to the American Dream Downpayment Initiative shall be considered to refer to the program under this Act. ( 3) First-generation homebuyer.--The homebuyer is, as self- attested by the homebuyer-- (A) an individual-- (i) whose parents or legal guardians do not have any present residential ownership interest in any State; and (ii) whose spouse, or domestic partner, and each member of whose household has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a principal residence in any State; or (B) an individual who has at any time been placed in foster care. ( (2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. ( Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that-- (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act (12 U.S.C. 1707 et seq.) ( ( c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. All data shall be disaggregated by zip code or census tract level, whichever is most feasible, and demographic information, including race, ethnicity, and gender, and any other data points the Secretary deems appropriate especially to observe equitable outcomes to ensure the program is affirmatively furthering fair housing. ( ( iii) Burden of proof.--An individual who does not identify as described in clause (ii) shall be required to establish individual social disadvantage for purposes of clause (i) by a preponderance of the evidence. (

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. 3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. ( ( a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. ( 2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. (c) Community Land Trusts and Shared Equity Homeownership Programs.--If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. ( b) Capacity Building.--Of any amounts appropriated to carry out this Act, the Secretary shall use not more than 1 percent to assist States and eligible entities to develop capacity to meet the reporting requirements under subsection (a). ( B) Economic disadvantage.--The individual has an income that meets the requirements under section 3(a). (

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. b) Allocation.--After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States.--75 percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration-- (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. ( ( ( 3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. ( ( a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. 92.2), except that for purposes of this subsection the reference in such section 92.2 to the American Dream Downpayment Initiative shall be considered to refer to the program under this Act. ( 3) First-generation homebuyer.--The homebuyer is, as self- attested by the homebuyer-- (A) an individual-- (i) whose parents or legal guardians do not have any present residential ownership interest in any State; and (ii) whose spouse, or domestic partner, and each member of whose household has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a principal residence in any State; or (B) an individual who has at any time been placed in foster care. ( (2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. ( Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that-- (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act (12 U.S.C. 1707 et seq.) ( ( c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. All data shall be disaggregated by zip code or census tract level, whichever is most feasible, and demographic information, including race, ethnicity, and gender, and any other data points the Secretary deems appropriate especially to observe equitable outcomes to ensure the program is affirmatively furthering fair housing. ( ( iii) Burden of proof.--An individual who does not identify as described in clause (ii) shall be required to establish individual social disadvantage for purposes of clause (i) by a preponderance of the evidence. (

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. 3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. ( ( c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. ( b) Capacity Building.--Of any amounts appropriated to carry out this Act, the Secretary shall use not more than 1 percent to assist States and eligible entities to develop capacity to meet the reporting requirements under subsection (a). (

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. b) Allocation.--After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States.--75 percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration-- (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. ( ( ( ( ( a) Requirements.--Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income.--The household of the homebuyer has an income that does not exceed-- (A) 120 percent of median income for the area (as determined by the Secretary) within which-- (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area. 92.2), except that for purposes of this subsection the reference in such section 92.2 to the American Dream Downpayment Initiative shall be considered to refer to the program under this Act. ( ( (2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. ( Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that-- (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act (12 U.S.C. 1707 et seq.) ( ( All data shall be disaggregated by zip code or census tract level, whichever is most feasible, and demographic information, including race, ethnicity, and gender, and any other data points the Secretary deems appropriate especially to observe equitable outcomes to ensure the program is affirmatively furthering fair housing. ( ( iii) Burden of proof.--An individual who does not identify as described in clause (ii) shall be required to establish individual social disadvantage for purposes of clause (i) by a preponderance of the evidence. (

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. 3) Prohibition of priority.--In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. ( ( c) Referral Upon Mortgage Denial.--The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. ( b) Capacity Building.--Of any amounts appropriated to carry out this Act, the Secretary shall use not more than 1 percent to assist States and eligible entities to develop capacity to meet the reporting requirements under subsection (a). (

To provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes. b) Allocation.--After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States.--75 percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration-- (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. ( ( ( ( ( ( ( (2) Limitation.--Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. ( Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that-- (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act (12 U.S.C. 1707 et seq.) ( (

Downpayment Toward Equity Act of 2021 - Directs the Secretary of Housing and Urban Development (HUD) to carry out a program to provide grants to states and eligible entities to provide financial assistance to first-generation homebuyers to assist them with acquiring owner-occupied primary residences. (Sec. 2) Sets forth eligibility requirements, including that a state be in compliance with the Fair Housing Provides that no creditor shall be subject to liability, including monetary penalties or requirements to indemnify a Federal agency or repurchase a loan that has been sold or securitized, for the provision of downpayment assistance to a borrower who does not meet the eligibility requirements if the creditor does so in good faith reliance on borrower attestations of eligibility. (Sec. 4) Provides Directs the Secretary of Housing and Urban Development (HUD) to: (1) submit to the Congress a report that includes demographic information regarding applicants for and recipients of housing assistance; (2) describe the types and amount of assistance provided, including downpayment assistance, assistance with closing costs, and assistance to reduce mortgage loan interest rates; and (3) describe properties acquired using such assistance Authorizes appropriations. (Sec. 11) Directs the Secretary of Housing and Urban Development to issue regulations to implement this Act. Title I: Housing Assistance for the Elderly and the Disabled (Housing Assistance) (Sec.) - Authorizes appropriations for grants under this Act to: (1) provide affordable homeownership opportunities to households; and (2) provide housing

H.R.728

Health

Pandemic Emergency Manufacturing Act of 2021 This bill establishes within the Department of Health and Human Services (HHS) an Emergency Office of Manufacturing for Public Health to manufacture and distribute medical products to address COVID-19 (i.e., coronavirus disease 2019) or medical products that are on shortage or vulnerable to shortage. The office must (1) obtain the rights to manufacture the applicable medicines, ingredients, diagnostic tests, medical devices, personal protective equipment, and supplies; (2) manufacture or contract to manufacture such items; and (3) construct, or enter into construction contracts for, facilities to manufacture certain medicines, such as vaccines. HHS may issue involuntary licenses allowing the office to make, use, sell, import, or export an invention related to an applicable drug, biological product, or device and to use clinical trial data and confidential information. Such a license must provide the rights holder with reasonable compensation. The office must (1) provide such COVID-19 products at no cost to federal, state, local, and other health programs and certain domestic health care providers and suppliers; (2) offer COVID-19 products at cost to other commercial and international entities; and (3) offer other medical products to entities at a fair price, based on cost and other considerations. The office shall prioritize the manufacture of certain COVID-19 products and meet manufacturing timelines specified in the bill.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pandemic Emergency Manufacturing Act of 2021''. SEC. 2. PUBLIC MANUFACTURING OF PHARMACEUTICALS. Part A of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``SEC. 310B. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(a) Emergency Office of Manufacturing for Public Health.-- ``(1) Establishment.--There is established within the Department of Health and Human Services an office to be known as the Emergency Office of Manufacturing for Public Health (referred to in this section as the `Office'). ``(2) Purpose.--The purposes of the Office are-- ``(A) to ensure an adequate supply of, and increase access to, prescription drugs, biological products, devices, and other supplies, including personal protective equipment, necessary to, as appropriate, diagnose, mitigate, prevent, or treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause for the strategic national stockpile under section 319F-2, Federal, State, local, and Native health programs, and the commercial market; ``(B) to address shortages in the strategic national stockpile and commercial market of prescription drugs, biological products, devices, and personal protective equipment used to treat conditions other than COVID-19; and ``(C) to provide prescription drugs, biological products, devices, and personal protective equipment necessary to diagnose, mitigate, prevent, and treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause, to Federal, State, local, and Native health programs, at no cost, and to consumers in the commercial market and other international entities at cost. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(iii) Compensation.--The Director shall be compensated at the rate prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(B) Employees.--The Director of the Office, in consultation with the Secretary, may fix the number of, and appoint and direct, all employees of the Office. ``(C) Banned individuals.-- ``(i) Drug company lobbyists.--No former registered drug manufacturer lobbyist-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the date on which the registered lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 or the agent terminates its status, as applicable. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(4) Duties.-- ``(A) In general.--The Office shall-- ``(i) prepare and submit applications for approval to the Food and Drug Administration, or enter into contracts for such submission, for the manufacture of applicable COVID-19 products and other applicable drugs, biological products, and devices when authorized under this section; ``(ii) obtain rights to manufacture applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section; ``(iii) manufacture, or enter into contracts with entities to manufacture, applicable COVID-19 products and other applicable drugs, biological products, and devices as authorized under this section; ``(iv) determine a fair price for each applicable drug, biological product, and device, in accordance with subparagraph (B)(ii); ``(v) sell manufactured applicable drugs, biological products, and devices at a fair price, as authorized under this section; ``(vi) provide, at no cost, applicable COVID-19 products to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, as determined by the Secretary; ``(vii) sell, at-cost, applicable COVID-19 products to other commercial entities and international entities, in accordance with subparagraph (B)(i); and ``(viii) manufacture, or enter into contracts with entities to manufacture, active pharmaceutical ingredients for use by the Office or for sale to other entities. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(ii) Fair price.--In determining a fair price for an applicable drug, biological product, or device under subparagraph (A)(iv) the Office shall consider-- ``(I) the impact of price on patient access to the applicable drug, biological product, or device; ``(II) the cost of the applicable drug, biological product, or device to Federal or State health care programs; ``(III) the cost to the Federal Government of manufacturing the applicable drug, biological product, or device; ``(IV) the administrative costs of operating the Office; ``(V) the cost to acquire or manufacture the applicable drug, biological product, or device under this section; and ``(VI) the impact of price on market competition for the applicable drug, biological product, or device. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. ``(ii) Licensing authority.-- ``(I) In general.--Notwithstanding any other provision of law, the Secretary shall issue licenses, as useful for fulfilling the duties under this Act, allowing the Office to practice or have practiced (which may include licensure of retroactive practice) any invention in the United States or territories of the United States, including making, using, offering to sell or selling, importing, or exporting such invention, to reference or rely upon clinical trial data submitted to a regulatory authority or the grant of marketing approval, and to access and use otherwise confidential information, including know-how, related to the manufacture of an applicable COVID-19 product or applicable drug, biological product, or device. ``(II) Non-voluntary licensing.-- For any license that involves a non- voluntary authorization to use patented inventions, regulatory test data, data, know-how or other intellectual property rights, the license shall provide for reasonable remuneration to rights holders such as a reasonable royalty on the sales of product, a 1-time payment, or some combination, provided that the combined royalty payments to all rights holders shall not exceed the percentage of sales that is the average percent of all royalty payments reported to the Internal Revenue Service by companies in the pharmaceutical and medicines sector, North American Industry Classification System code 325410, provided that when products are distributed for free, the royalty shall be based upon the cost of goods. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(iv) Protected information.--In carrying out this section, the Secretary shall enforce applicable law concerning the protection of confidential commercial information and trade secrets. ``(D) Active pharmaceutical ingredients.-- ``(i) In general.--The Office shall manufacture, or enter into contracts with entities to manufacture, an active pharmaceutical ingredient applicable to a drug or biological product that is either an applicable COVID-19 product or an applicable drug or biological product if-- ``(I) the Office determines that such ingredient is not readily available from existing suppliers or the existing supply of such ingredient to the domestic market is vulnerable to disruption; ``(II) the manufacture of such ingredient would improve the ability of other entities to enter the market for the manufacture of applicable COVID-19 products or applicable drugs, biological products, or devices, or otherwise expand the manufacture of applicable COVID-19 products or applicable drugs, biological products, or devices; or ``(III) the manufacture of such ingredient is necessary for the Office to carry out its duties under this section. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(b) Manufacturing of Products.-- ``(1) In general.--As soon as practicable after the date of enactment of this section, but no later than 1 month after such date of enactment, the Office shall begin-- ``(A) manufacturing, or entering into contracts with entities for the manufacture of applicable COVID- 19 products and applicable drugs, biological products, and devices, prioritizing drugs, biological products, devices or personal protective equipment the manufacture of which would provide the greatest public health impact; and ``(B) constructing, or entering into contracts to construct, manufacturing facilities, including the construction of advanced manufacturing technology, RNA vaccines, DNA vaccines, recombinant protein vaccines, viral vector-based vaccines, live attenuated vaccines, inactivated vaccines, or other therapeutics, after clinical data relating to such products have demonstrated strong positive indications of safety and efficacy, to ensure immediate production at-scale upon Federal approval. ``(2) Submission of applications.--For each applicable COVID-19 product, and for each applicable drug, biological product, or device that the Office determines should be manufactured, as provided for under this section, the Secretary shall-- ``(A) submit an application under subsection (b) or (j) of section 505, or under section 515, of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of this Act or submit a notification under section 510(k) of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit such an application or notification); ``(B) request an emergency use authorization of the product under section 564A of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit an application for such use); or ``(C) obtain from the holder of an application approved under subsection (c) or (j) of section 505 or section 515 of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of the Public Health Service Act, or cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act, rights to manufacture such applicable drug. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(C) COVID-19 treatment drugs.--As soon as practicable after the date of enactment of this section, the Secretary shall begin the public manufacturing of drugs and biological products in shortage, and any devices used to administer such drugs and biological products, that are used for treatment of severe COVID-19 cases, including albuterol, drugs used to intubate patients, antibiotics, and antivirals, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(4) Priority manufacturing.--The Office shall prioritize the manufacturing of applicable COVID-19 products and applicable drugs, biological products, and devices that would have the greatest impact on-- ``(A) diagnosing, mitigating, preventing, treating, or curing COVID-19; ``(B) limiting the harm the COVID-19 pandemic might otherwise cause to public health and the economy; ``(C) addressing shortages of drugs, biological, products, and devices; ``(D) reducing the cost of combating COVID-19 to Federal, State, local, and Native health programs; and ``(E) alleviating demographic disparities in COVID- 19 outcomes or access to diagnosis, mitigation, prevention, and treatment. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used for the activities of the Office. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. ``(d) Oversight of Contracts.--In the case of applicable COVID-19 products and applicable drugs, biological products, and devices manufactured via contracts, the Inspector General of the Department of Health and Human Services shall conduct a review of not fewer than 1 of every 3 contracts entered into under this section, and of the entities entering into such contracts, to ensure that the Office is issuing contracts under fair and reasonable terms and conditions, including facilitating the procurement by the Federal Government of applicable COVID-19 products and applicable drugs, biological products, and medical devices at fair and reasonable prices. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(e) Reports to Congress.--The Director shall prepare and submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a monthly report during the public health emergency declared by the Secretary under section 319 on January 31, 2020, with respect to COVID-19, and a final report 3 months after the public health emergency has concluded, that includes-- ``(1) an assessment of the major supply chain challenges facing hospitals, medical providers, the Federal Government, State, local, and tribal governments, and the private sector in procuring drugs, biological products, devices, and personal protective equipment to combat and prevent the spread of COVID- 19; and ``(2) a description of the status of all drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which manufacturing has been authorized under this section, including drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment being manufactured, drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which the Office has submitted an application for approval or a notification for clearance or classification to the Food and Drug Administration but has not yet received approval, clearance, or classification, and drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which the Office has received approval, clearance, or classification from the Food and Drug Administration but are not being manufactured. ``(f) Definitions.--In this section: ``(1) Applicable drug, biological product, or device definition.--The term `applicable drug, biological product, or device' means a drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act), biological product (as defined in section 351(i) of the Public Health Service Act), combination product (as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act), or device (as defined in section 201(h) of the Federal Food Drug and Cosmetic Act) for which an approved application under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act, or clearance under section 510(k) of the Federal Food, Drug, and Cosmetic Act, is in effect, and-- ``(A) is included in the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act; or ``(B) is vulnerable to shortage. ``(2) Applicable covid-19 product definition.-- ``(A) In general.--The term `applicable COVID-19 product' means a product that is included on a list that the Secretary of Health and Human Services, in consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, and the Director of the Centers for Disease Control and Prevention, shall compile not later than 2 weeks after the date of enactment of this section and shall review and update, as necessary, every 2 weeks of-- ``(i) qualified pandemic or epidemic products, as defined under section 319F-3, that are-- ``(I)(aa) drugs, biological products, and devices that are manufactured, used, designed, developed, modified, licensed or procured-- ``(AA) to diagnose, mitigate, prevent, treat, or cure COVID-19; or ``(BB) to limit the harm the COVID-19 pandemic might otherwise cause; ``(bb) drugs, biological products, and devices that are manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate, prevent, treat, or cure a serious or life-threatening disease or condition caused by a product described in item (aa); or ``(cc) drugs, biological products, devices or technologies intended to enhance the use or effect of a drug, biological product, or device described in item (aa) or (bb); and ``(ii) personal protective equipment, including protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, used to protect people from COVID-19 infection. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(3) Native health program.--The term `Native health program' shall include-- ``(A) a program provided through the Indian Health Service; ``(B) any health program operated by-- ``(i) an Indian tribe, or Tribal organization, as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act; ``(ii) an inter-tribal consortium, as defined in section 501(a) of the Indian Self- Determination and Education Assistance Act; or ``(iii) an urban Indian organization, as defined in section 4 of the Indian Health Care Improvement Act; and ``(C) any health program provided through a Native Hawaiian health care system, as defined in section 12 of the Native Hawaiian Health Care Improvement Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. <all>

Pandemic Emergency Manufacturing Act of 2021

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes.

Pandemic Emergency Manufacturing Act of 2021

Rep. Schakowsky, Janice D.

D

IL

This bill establishes within the Department of Health and Human Services (HHS) an Emergency Office of Manufacturing for Public Health to manufacture and distribute medical products to address COVID-19 (i.e., coronavirus disease 2019) or medical products that are on shortage or vulnerable to shortage. The office must (1) obtain the rights to manufacture the applicable medicines, ingredients, diagnostic tests, medical devices, personal protective equipment, and supplies; (2) manufacture or contract to manufacture such items; and (3) construct, or enter into construction contracts for, facilities to manufacture certain medicines, such as vaccines. HHS may issue involuntary licenses allowing the office to make, use, sell, import, or export an invention related to an applicable drug, biological product, or device and to use clinical trial data and confidential information. Such a license must provide the rights holder with reasonable compensation. The office must (1) provide such COVID-19 products at no cost to federal, state, local, and other health programs and certain domestic health care providers and suppliers; (2) offer COVID-19 products at cost to other commercial and international entities; and (3) offer other medical products to entities at a fair price, based on cost and other considerations. The office shall prioritize the manufacture of certain COVID-19 products and meet manufacturing timelines specified in the bill.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(2) Submission of applications.--For each applicable COVID-19 product, and for each applicable drug, biological product, or device that the Office determines should be manufactured, as provided for under this section, the Secretary shall-- ``(A) submit an application under subsection (b) or (j) of section 505, or under section 515, of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of this Act or submit a notification under section 510(k) of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit such an application or notification); ``(B) request an emergency use authorization of the product under section 564A of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit an application for such use); or ``(C) obtain from the holder of an application approved under subsection (c) or (j) of section 505 or section 515 of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of the Public Health Service Act, or cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act, rights to manufacture such applicable drug. Amounts received from the sale of such drugs shall be used for the activities of the Office. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. ``(3) Native health program.--The term `Native health program' shall include-- ``(A) a program provided through the Indian Health Service; ``(B) any health program operated by-- ``(i) an Indian tribe, or Tribal organization, as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act; ``(ii) an inter-tribal consortium, as defined in section 501(a) of the Indian Self- Determination and Education Assistance Act; or ``(iii) an urban Indian organization, as defined in section 4 of the Indian Health Care Improvement Act; and ``(C) any health program provided through a Native Hawaiian health care system, as defined in section 12 of the Native Hawaiian Health Care Improvement Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(2) Purpose.--The purposes of the Office are-- ``(A) to ensure an adequate supply of, and increase access to, prescription drugs, biological products, devices, and other supplies, including personal protective equipment, necessary to, as appropriate, diagnose, mitigate, prevent, or treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause for the strategic national stockpile under section 319F-2, Federal, State, local, and Native health programs, and the commercial market; ``(B) to address shortages in the strategic national stockpile and commercial market of prescription drugs, biological products, devices, and personal protective equipment used to treat conditions other than COVID-19; and ``(C) to provide prescription drugs, biological products, devices, and personal protective equipment necessary to diagnose, mitigate, prevent, and treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause, to Federal, State, local, and Native health programs, at no cost, and to consumers in the commercial market and other international entities at cost. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(2) Submission of applications.--For each applicable COVID-19 product, and for each applicable drug, biological product, or device that the Office determines should be manufactured, as provided for under this section, the Secretary shall-- ``(A) submit an application under subsection (b) or (j) of section 505, or under section 515, of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of this Act or submit a notification under section 510(k) of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit such an application or notification); ``(B) request an emergency use authorization of the product under section 564A of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit an application for such use); or ``(C) obtain from the holder of an application approved under subsection (c) or (j) of section 505 or section 515 of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of the Public Health Service Act, or cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act, rights to manufacture such applicable drug. Amounts received from the sale of such drugs shall be used for the activities of the Office. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(3) Native health program.--The term `Native health program' shall include-- ``(A) a program provided through the Indian Health Service; ``(B) any health program operated by-- ``(i) an Indian tribe, or Tribal organization, as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act; ``(ii) an inter-tribal consortium, as defined in section 501(a) of the Indian Self- Determination and Education Assistance Act; or ``(iii) an urban Indian organization, as defined in section 4 of the Indian Health Care Improvement Act; and ``(C) any health program provided through a Native Hawaiian health care system, as defined in section 12 of the Native Hawaiian Health Care Improvement Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(a) Emergency Office of Manufacturing for Public Health.-- ``(1) Establishment.--There is established within the Department of Health and Human Services an office to be known as the Emergency Office of Manufacturing for Public Health (referred to in this section as the `Office'). ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(a) Emergency Office of Manufacturing for Public Health.-- ``(1) Establishment.--There is established within the Department of Health and Human Services an office to be known as the Emergency Office of Manufacturing for Public Health (referred to in this section as the `Office'). ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ''.

To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act.

Pandemic Emergency Manufacturing Act of 2021 - Amends the Public Health Service Act to establish within the Department of Health and Human Services (HHS) the Emergency Office of Manufacturing for Public Health to ensure an adequate supply of, and increase access to, prescription drugs, biological products, devices, and other supplies, including personal protective equipment, necessary to diagnose, mitigate, prevent, or Directs the Secretary of Health and Human Services (HHS) to issue licenses allowing the Office to practice or have practiced any invention in the United States or territories, including making, using, offering to sell or selling, importing, or exporting such invention, to reference or rely upon clinical trial data submitted to a regulatory authority or the grant of marketing approval, and to access and use otherwise Directs the Secretary of Health and Human Services (HHS) to: (1) submit an application for an emergency use authorization of the product under the Federal Food, Drug, and Cosmetic Act (FDA) or enter into a contract with another entity to submit such an application; or (2) obtain from the holder of an approved FDA application rights to manufacture such drug. ( Authorizes appropriations. (Sec. 3) Requires the Secretary of Health and Human Services to compile and update a list of qualified pandemic or epidemic products that are: (1) manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate, prevent, treat, or cure a serious or life-threatening disease or condition caused by COVID-19

H.R.9340

International Affairs

United States Foundation for International Conservation Act of 2022 This bill requires the Department of State to establish a foundation to provide grants for projects to manage protected and conserved areas in low- and middle-income countries with high levels of biological diversity or species and ecosystems of significant importance. Recipients of grants from this foundation must secure outside funding to match, at minimum, the amount of the grant.

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Foundation for International Conservation Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Board.--The term ``Board'' means the Board of Directors established under section 4(a). (3) Director.--The term ``Director'' means-- (A) an initial member of the Board appointed pursuant to section 4(a)(2)(C); or (B) a member of the Board selected to fill a vacancy pursuant to section 4(a)(3)(B). (4) Eligible country.--The term ``eligible country'' means any of the countries described in section 7(b). (5) Eligible project.--The term ``eligible project'' means any of the projects described in section 7(a)(2). (6) Executive director.--The term ``Executive Director'' means the Executive Director of the Foundation hired pursuant to section 4(b). (7) Foundation.--The term ``Foundation'' means the United States Foundation for International Conservation established under section 3(a). (8) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION. (a) Establishment.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish the United States Foundation for International Conservation. (2) Independence.--The Foundation is not an agency or instrumentality of the United States Government. (3) Tax-exempt status.--The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization described in subsection (c) of section 501 of the Internal Revenue Code of 1986, which exempts the organization from taxation under subsection (a) of such section. (b) Purposes.--The purposes of the Foundation are-- (1) to promote effective, long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries; (2) to advocate for, incentivize, accept, and administer governmental and nongovernmental funds, including donations from the private sector, to increase the availability and predictability of financing for long-term management of protected and conserved areas; (3) to close critical gaps in public international conservation efforts by-- (A) increasing private sector investment, including investments from philanthropic entities; and (B) collaborating with partners providing bilateral and multilateral financing to support enhanced coordination; (4) to identify and financially support implementation- ready projects-- (A) that promote long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries, including supporting the management of terrestrial, coastal, freshwater, and marine protected areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves; and (B) that provide effective area-based conservation measures, consistent with internationally recognized best practices and standards for environmental and social safeguards; and (5) to coordinate with, and otherwise support and assist, foreign governments, private sector entities, local communities, Indigenous Peoples, and other stakeholders in undertaking biodiversity conservation activities-- (A) to achieve sustainable biodiversity conservation outcomes; and (B) to improve local security, governance, food security, and economic opportunities. SEC. 4. GOVERNANCE OF THE FOUNDATION. (a) Board of Directors.-- (1) Governance.--The Foundation shall be governed by a Board of Directors. (2) Composition.-- (A) In general.--The Board shall be composed of-- (i) the ex-officio nonvoting Directors described in subparagraph (B); and (ii) the voting Directors appointed pursuant to subparagraph (C). (B) Ex-officio directors.--The ex-officio Directors shall be the following individuals or designees of such individuals: (i) The Secretary of State. (ii) The Administrator of the United States Agency for International Development. (iii) The Secretary of the Interior. (iv) The Chief of the United States Forest Service. (v) The Administrator of the National Oceanic and Atmospheric Administration. (C) Initial members.--The Secretary, in consultation with the other ex-officio Directors, shall appoint as Directors of the Board-- (i) 4 private-sector committed donors; and (ii) 5 independent experts who represent diverse points of view, to the maximum extent practicable. (D) Qualifications.--Each independent expert appointed pursuant to subparagraph (C)-- (i) shall be knowledgeable and experienced in matters relating to-- (I) international development; (II) protected area management and the conservation of global biodiversity, fish and wildlife, ecosystem restoration, adaptation, and resilience; and (III) grantmaking in support of international conservation. (E) Chairperson.--The Board shall elect, from among its Directors, a Chairperson, who shall serve for a 2- year term. (3) Terms; vacancies.-- (A) Terms.-- (i) In general.--The term of service of each appointed Director shall be not more than 5 years. (ii) Initial appointed directors.--Of the initial Directors appointed pursuant to paragraph (2)(C)-- (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. (B) Vacancies.--Any vacancy in the membership of the appointed Directors of the Board-- (i) shall be filled in accordance with the bylaws of the Foundation by a private-sector committed donor or an independent expert who meets the qualifications under subparagraph (C)(ii)(A), as applicable, as represented by the vacating Director; (ii) shall not affect the power of the remaining appointed Directors to execute the duties of the Board; and (iii) shall be filled by an individual selected by the Board. (4) Quorum.--A majority of the current membership of the Board shall constitute a quorum for the transaction of Foundation business. (5) Meetings.-- (A) In general.--The Board shall meet at the call of the Chairperson not less frequently than annually. (B) Initial meeting.--Not later than 60 days after the Board is established pursuant to section 3(a), the Secretary shall convene a meeting of the ex-officio Directors and the appointed Directors of the Board to incorporate the Foundation. (C) Removal.--Any Director who misses 3 consecutive regularly scheduled meetings may be removed from the Board. (6) Reimbursement of expenses.--Directors of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the Foundation. (7) Not federal employees.--Appointment as a Director of the Board shall not constitute employment by, or the holding of an office of, the United States for purposes of any Federal law. (8) Duties.--The Board shall-- (A) establish bylaws for the Foundation in accordance with paragraph (9); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management. (9) Bylaws.-- (A) In general.--The bylaws established pursuant to paragraph (8)(A) may include-- (i) policies for the selection of Directors of the Board and officers, employees, agents, and contractors of the Foundation; (ii) policies, including ethical standards, for-- (I) the acceptance, solicitation, and disposition of donations and grants to the Foundation; and (II) the disposition of assets of the Foundation; (iii) policies that subject all employees, fellows, trainees, and other agents of the Foundation (including ex-officio Directors and appointed Directors of the Board) to conflict of interest standards; and (iv) the specific duties of the Executive Director. (B) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws do not-- (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. (b) Executive Director.--The Board shall hire an Executive Director of the Foundation, who shall serve, at the pleasure of the Board, as the chief executive officer of the Foundation. (c) Foundation Staff.--Officers and employees of the Foundation-- (1) may not be employees of, or hold any office in, the United States Government; and (2) shall be appointed without regard to the provisions of-- (A) title 5, United States Code, governing appointments in the competitive service; and (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (d) Limitation and Conflicts of Interests.-- (1) Political participation.--The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. (2) Financial interests.--Any Director of the Board or officer or employee of the Foundation is prohibited from participating, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-- (A) the financial interests of such Director, officer, or employee; and (B) the interests of any corporation, partnership, entity, or organization in which such Director, officer, or employee has any fiduciary obligation or direct or indirect financial interest. SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION. (a) General Authority.-- (1) In general.--The Foundation-- (A) shall have perpetual succession unless dissolved by an Act of Congress; (B) may conduct business throughout the States, territories, and possessions of the United States and in foreign countries; (C) shall have its principal offices in the Washington, DC, metropolitan area; and (D) shall continuously maintain a designated agent in Washington, DC, who is authorized to accept notice or service of process on behalf of the Foundation. (2) Notice and service of process.--The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(D), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation. (3) Seal.--The Foundation shall have an official seal, which shall be selected by the Board and judicially noticed. (b) Authorities.--In addition to powers explicitly authorized under this Act, the Foundation, in order to carry out the purposes described in section 3(b), shall have the usual powers of a corporation headquartered in Washington, DC, including the authority-- (1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, or real or personal property or any income derived from such gift or property, or other interest in such gift or property; (2) to acquire by donation, gift, devise, purchase, or exchange any real or personal property or interest in such property; (3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income derived from such property; (4) to borrow money and issue bonds, debentures, or other debt instruments; (5) to complain and defend itself in any court of competent jurisdiction (except that the Directors of the Board shall not be personally liable, except for gross negligence); (6) to enter into contracts or other arrangements with public agencies, private organizations, and persons and to make such payments as may be necessary to carry out the purposes of such contracts or arrangements; and (7) to award grants for eligible projects, in accordance with section 7. (c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (2) In general.--The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange. (3) Limits to property rights.--A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. (4) Tax exemption.-- (A) In general.--The Foundation, any income or property received or owned by the Foundation, and all transactions relating to such income or property shall be exempt from all Federal, State, and local taxation. (B) Exempt organizations.--Contributions, gifts, and other transfers made to or for the use of the Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. (d) Federal Funds.-- (1) In general.--The Foundation may-- (A) hold Federal funds made available, but not immediately disbursed; and (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act. (2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. (e) Limitation of Public Liability.--The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. SEC. 6. SAFEGUARDS AND ACCOUNTABILITY. (a) Safeguards.--The Foundation shall develop, and incorporate into any agreement for support provided by the Foundation, appropriate safeguards, policies, and guidelines, consistent with internationally recognized best practices and standards for environmental and social safeguards. (b) Independent Accountability Mechanism.-- (1) In general.--The Foundation shall establish a transparent and independent accountability mechanism, which shall provide-- (A) a compliance review function that assesses whether Foundation-supported projects adhere to the requirements described in subsection (a); (B) a dispute resolution function for resolving concerns between complainants and project implementers regarding the impacts of specific Foundation-supported projects with respect to such standards; and (C) an advisory function that reports to the Foundation on projects, policies, and practices. (2) Duties.--The accountability mechanism shall-- (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation's compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B)(i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. SEC. 7. PROJECTS AND GRANTS. (a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. (2) Eligible projects.--Eligible projects shall include projects that-- (A) focus on supporting-- (i) long-term management of protected or conserved areas and their contiguous buffer zones in countries described in subsection (b), including terrestrial, coastal, and marine- protected or conserved areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves; and (ii) other effective area-based conservation measures; (B) are cost-matched from sources other than the United States Government; (C) have host country and local population support, as evidenced by a long-term binding memorandum of understanding signed by the host government that respects free, prior, and informed consent of affected communities; (D) incorporate a set of key performance indicators; (E) demonstrate robust local community engagement, with the completion of appropriate environmental and social due diligence, including-- (i) free, prior, and informed consent of Indigenous Peoples and consultation with relevant local communities; (ii) equitable governance structures; and (iii) effective grievance mechanisms; (F) create economic opportunities for local communities, through activities such as-- (i) equity and profit-sharing; (ii) employment activities; and (iii) other economic growth activities; (G) provide stable baseline funding for the effective management of the protected or conserved area project; (H) are implementation ready; and (I) where possible, demonstrate a plan to strengthen the capacity of, and transfer skills to, local institutions to manage the protected or conserved area before or after grant funding is exhausted. (b) Eligible Countries.-- (1) In general.--Before awarding any grants or entering into any project agreements for a given fiscal year, the Board shall conduct a review of countries in which the Foundation shall be eligible to fund projects to determine which countries-- (A) are low-income, lower-middle-income, or upper- middle-income economies (as defined by the International Bank for Reconstruction and Development and the International Development Association); (B) have-- (i) a high degree of biological diversity; or (ii) species or ecosystems of significant importance; and (C) have demonstrated a commitment to conservation through actions, such as protecting lands and waters through the gazettement of national parks, community conservancies, marine reserves and protected areas, forest reserves, and other legally recognized forms of place-based conservation. (2) Identification of eligible countries.--Not later than 5 days after the date on which the Board determines which countries are eligible countries for a given fiscal year, the Executive Director shall-- (A) submit a report to the appropriate congressional committees that includes-- (i) a list of all such eligible countries; and (ii) a justification for such eligibility determinations; and (B) publish the information contained in the report described in paragraph (A) in the Federal Register. (c) Grantmaking.-- (1) In general.--In order to maximize its program effects, the Foundation should-- (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. (2) Grant criteria.--Foundation grants-- (A) shall fund the management of well-defined protected or conserved areas and the systems of such conservation areas in eligible countries; (B) should provide adequate baseline funding for at least 10 years, without replacing or duplicating existing baseline funding, for each protected and conserved area and the system that supports that area in an amount sufficient to maintain the effective management of the area over the long term; (C) should, during the grant period, demonstrate progress in achieving clearly identified key performance indicators (as defined in the grant agreement), which may include-- (i) the protection of biological diversity; (ii) the protection of native flora and habitats, such as trees, forests, grasslands, mangroves, coral reefs, and sea grass; (iii) community-based economic growth indicators, such as improved land tenure, increases in beneficiaries participating in economic growth activities, and sufficient income from conservation activities being directed to communities in project areas; (iv) improved management of the protected or conserved area covered by the project, as documented through the submission of strategic plans or annual reports to the Foundation; and (v) the identification of additional revenue sources or sustainable financing mechanisms to meet the recurring costs of management of the protected or conserved areas; and (D) may be terminated if the Board determines that the project is not meeting applicable requirements under this Act or making progress in achieving the key performance indicators defined in the grant agreement. SEC. 8. ANNUAL REPORT. Not later than 360 days after the date of the enactment of this Act, and annually thereafter while the Foundation continues to function, the Executive Director of the Foundation shall submit a report to the appropriate congressional committees that describes-- (1) the goals of the Foundation; (2) the programs, projects, and activities supported by the Foundation; (3) private and governmental contributions to the Foundation; and (4) the standardized criteria utilized to determine the programs and activities supported by the Foundation, including baselines, targets, desired outcomes, measurable goals, and extent to which those goals are being achieved for each project. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation. (b) Program Funds.-- (1) Authorization.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (2) Cost matching requirement.--Amounts appropriated pursuant to paragraph (1) may only be made available to grantees to the extent such grantees secure funding for an eligible project from sources other than the United States Government in an amount that is not less than the amount received in grants for such project pursuant to section 7. <all>

United States Foundation for International Conservation Act of 2022

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes.

United States Foundation for International Conservation Act of 2022

Rep. Joyce, David P.

R

OH

This bill requires the Department of State to establish a foundation to provide grants for projects to manage protected and conserved areas in low- and middle-income countries with high levels of biological diversity or species and ecosystems of significant importance. Recipients of grants from this foundation must secure outside funding to match, at minimum, the amount of the grant.

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 2. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (4) Eligible country.--The term ``eligible country'' means any of the countries described in section 7(b). 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION. GOVERNANCE OF THE FOUNDATION. (a) Board of Directors.-- (1) Governance.--The Foundation shall be governed by a Board of Directors. (iii) The Secretary of the Interior. (ii) Initial appointed directors.--Of the initial Directors appointed pursuant to paragraph (2)(C)-- (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. (B) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws do not-- (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. 5. (2) Notice and service of process.--The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(D), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation. (c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (B) Exempt organizations.--Contributions, gifts, and other transfers made to or for the use of the Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. (d) Federal Funds.-- (1) In general.--The Foundation may-- (A) hold Federal funds made available, but not immediately disbursed; and (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act. 6. SAFEGUARDS AND ACCOUNTABILITY. PROJECTS AND GRANTS. 8. ANNUAL REPORT. SEC. 9. (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation.

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 2. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (4) Eligible country.--The term ``eligible country'' means any of the countries described in section 7(b). 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION. GOVERNANCE OF THE FOUNDATION. (a) Board of Directors.-- (1) Governance.--The Foundation shall be governed by a Board of Directors. (iii) The Secretary of the Interior. (ii) Initial appointed directors.--Of the initial Directors appointed pursuant to paragraph (2)(C)-- (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. (B) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws do not-- (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. 5. (c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (d) Federal Funds.-- (1) In general.--The Foundation may-- (A) hold Federal funds made available, but not immediately disbursed; and (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act. 6. SAFEGUARDS AND ACCOUNTABILITY. PROJECTS AND GRANTS. 8. ANNUAL REPORT. SEC. 9.

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. SHORT TITLE. 2. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (4) Eligible country.--The term ``eligible country'' means any of the countries described in section 7(b). (6) Executive director.--The term ``Executive Director'' means the Executive Director of the Foundation hired pursuant to section 4(b). 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION. GOVERNANCE OF THE FOUNDATION. (a) Board of Directors.-- (1) Governance.--The Foundation shall be governed by a Board of Directors. (B) Ex-officio directors.--The ex-officio Directors shall be the following individuals or designees of such individuals: (i) The Secretary of State. (iii) The Secretary of the Interior. (ii) Initial appointed directors.--Of the initial Directors appointed pursuant to paragraph (2)(C)-- (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. (B) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws do not-- (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. 5. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION. (2) Notice and service of process.--The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(D), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation. (c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (B) Exempt organizations.--Contributions, gifts, and other transfers made to or for the use of the Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. (d) Federal Funds.-- (1) In general.--The Foundation may-- (A) hold Federal funds made available, but not immediately disbursed; and (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act. 6. SAFEGUARDS AND ACCOUNTABILITY. PROJECTS AND GRANTS. (2) Eligible projects.--Eligible projects shall include projects that-- (A) focus on supporting-- (i) long-term management of protected or conserved areas and their contiguous buffer zones in countries described in subsection (b), including terrestrial, coastal, and marine- protected or conserved areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves; and (ii) other effective area-based conservation measures; (B) are cost-matched from sources other than the United States Government; (C) have host country and local population support, as evidenced by a long-term binding memorandum of understanding signed by the host government that respects free, prior, and informed consent of affected communities; (D) incorporate a set of key performance indicators; (E) demonstrate robust local community engagement, with the completion of appropriate environmental and social due diligence, including-- (i) free, prior, and informed consent of Indigenous Peoples and consultation with relevant local communities; (ii) equitable governance structures; and (iii) effective grievance mechanisms; (F) create economic opportunities for local communities, through activities such as-- (i) equity and profit-sharing; (ii) employment activities; and (iii) other economic growth activities; (G) provide stable baseline funding for the effective management of the protected or conserved area project; (H) are implementation ready; and (I) where possible, demonstrate a plan to strengthen the capacity of, and transfer skills to, local institutions to manage the protected or conserved area before or after grant funding is exhausted. 8. ANNUAL REPORT. SEC. 9. (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation.

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (4) Eligible country.--The term ``eligible country'' means any of the countries described in section 7(b). (6) Executive director.--The term ``Executive Director'' means the Executive Director of the Foundation hired pursuant to section 4(b). 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION. GOVERNANCE OF THE FOUNDATION. (a) Board of Directors.-- (1) Governance.--The Foundation shall be governed by a Board of Directors. (B) Ex-officio directors.--The ex-officio Directors shall be the following individuals or designees of such individuals: (i) The Secretary of State. (iii) The Secretary of the Interior. (iv) The Chief of the United States Forest Service. (v) The Administrator of the National Oceanic and Atmospheric Administration. (D) Qualifications.--Each independent expert appointed pursuant to subparagraph (C)-- (i) shall be knowledgeable and experienced in matters relating to-- (I) international development; (II) protected area management and the conservation of global biodiversity, fish and wildlife, ecosystem restoration, adaptation, and resilience; and (III) grantmaking in support of international conservation. (ii) Initial appointed directors.--Of the initial Directors appointed pursuant to paragraph (2)(C)-- (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. (4) Quorum.--A majority of the current membership of the Board shall constitute a quorum for the transaction of Foundation business. (5) Meetings.-- (A) In general.--The Board shall meet at the call of the Chairperson not less frequently than annually. (B) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws do not-- (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. (d) Limitation and Conflicts of Interests.-- (1) Political participation.--The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. 5. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION. (2) Notice and service of process.--The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(D), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation. (c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (2) In general.--The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange. (B) Exempt organizations.--Contributions, gifts, and other transfers made to or for the use of the Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. (d) Federal Funds.-- (1) In general.--The Foundation may-- (A) hold Federal funds made available, but not immediately disbursed; and (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act. 6. SAFEGUARDS AND ACCOUNTABILITY. (2) Duties.--The accountability mechanism shall-- (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation's compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B)(i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. PROJECTS AND GRANTS. (2) Eligible projects.--Eligible projects shall include projects that-- (A) focus on supporting-- (i) long-term management of protected or conserved areas and their contiguous buffer zones in countries described in subsection (b), including terrestrial, coastal, and marine- protected or conserved areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves; and (ii) other effective area-based conservation measures; (B) are cost-matched from sources other than the United States Government; (C) have host country and local population support, as evidenced by a long-term binding memorandum of understanding signed by the host government that respects free, prior, and informed consent of affected communities; (D) incorporate a set of key performance indicators; (E) demonstrate robust local community engagement, with the completion of appropriate environmental and social due diligence, including-- (i) free, prior, and informed consent of Indigenous Peoples and consultation with relevant local communities; (ii) equitable governance structures; and (iii) effective grievance mechanisms; (F) create economic opportunities for local communities, through activities such as-- (i) equity and profit-sharing; (ii) employment activities; and (iii) other economic growth activities; (G) provide stable baseline funding for the effective management of the protected or conserved area project; (H) are implementation ready; and (I) where possible, demonstrate a plan to strengthen the capacity of, and transfer skills to, local institutions to manage the protected or conserved area before or after grant funding is exhausted. 8. ANNUAL REPORT. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation.

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 5) Eligible project.--The term ``eligible project'' means any of the projects described in section 7(a)(2). ( (8) Secretary.--The term ``Secretary'' means the Secretary of State. 3) Tax-exempt status.--The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization described in subsection (c) of section 501 of the Internal Revenue Code of 1986, which exempts the organization from taxation under subsection (a) of such section. GOVERNANCE OF THE FOUNDATION. ( a) Board of Directors.-- (1) Governance.--The Foundation shall be governed by a Board of Directors. (2) Composition.-- (A) In general.--The Board shall be composed of-- (i) the ex-officio nonvoting Directors described in subparagraph (B); and (ii) the voting Directors appointed pursuant to subparagraph (C). ( ii) The Administrator of the United States Agency for International Development. ( (ii) Initial appointed directors.--Of the initial Directors appointed pursuant to paragraph (2)(C)-- (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. ( B) Initial meeting.--Not later than 60 days after the Board is established pursuant to section 3(a), the Secretary shall convene a meeting of the ex-officio Directors and the appointed Directors of the Board to incorporate the Foundation. ( (6) Reimbursement of expenses.--Directors of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the Foundation. ( 7) Not federal employees.--Appointment as a Director of the Board shall not constitute employment by, or the holding of an office of, the United States for purposes of any Federal law. ( (B) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws do not-- (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. ( c) Foundation Staff.--Officers and employees of the Foundation-- (1) may not be employees of, or hold any office in, the United States Government; and (2) shall be appointed without regard to the provisions of-- (A) title 5, United States Code, governing appointments in the competitive service; and (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. ( (2) Financial interests.--Any Director of the Board or officer or employee of the Foundation is prohibited from participating, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-- (A) the financial interests of such Director, officer, or employee; and (B) the interests of any corporation, partnership, entity, or organization in which such Director, officer, or employee has any fiduciary obligation or direct or indirect financial interest. 3) Seal.--The Foundation shall have an official seal, which shall be selected by the Board and judicially noticed. c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (2) In general.--The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange. ( 2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. (e) Limitation of Public Liability.--The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. 2) Duties.--The accountability mechanism shall-- (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation's compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B)(i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. (a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. 2) Identification of eligible countries.--Not later than 5 days after the date on which the Board determines which countries are eligible countries for a given fiscal year, the Executive Director shall-- (A) submit a report to the appropriate congressional committees that includes-- (i) a list of all such eligible countries; and (ii) a justification for such eligibility determinations; and (B) publish the information contained in the report described in paragraph (A) in the Federal Register. (c) Grantmaking.-- (1) In general.--In order to maximize its program effects, the Foundation should-- (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. AUTHORIZATION OF APPROPRIATIONS. ( b) Program Funds.-- (1) Authorization.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 7) Foundation.--The term ``Foundation'' means the United States Foundation for International Conservation established under section 3(a). ( 8) Secretary.--The term ``Secretary'' means the Secretary of State. GOVERNANCE OF THE FOUNDATION. ( ii) The Administrator of the United States Agency for International Development. ( (D) Qualifications.--Each independent expert appointed pursuant to subparagraph (C)-- (i) shall be knowledgeable and experienced in matters relating to-- (I) international development; (II) protected area management and the conservation of global biodiversity, fish and wildlife, ecosystem restoration, adaptation, and resilience; and (III) grantmaking in support of international conservation. ( B) Initial meeting.--Not later than 60 days after the Board is established pursuant to section 3(a), the Secretary shall convene a meeting of the ex-officio Directors and the appointed Directors of the Board to incorporate the Foundation. ( (7) Not federal employees.--Appointment as a Director of the Board shall not constitute employment by, or the holding of an office of, the United States for purposes of any Federal law. ( 8) Duties.--The Board shall-- (A) establish bylaws for the Foundation in accordance with paragraph (9); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management. ( (d) Limitation and Conflicts of Interests.-- (1) Political participation.--The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. ( a) General Authority.-- (1) In general.--The Foundation-- (A) shall have perpetual succession unless dissolved by an Act of Congress; (B) may conduct business throughout the States, territories, and possessions of the United States and in foreign countries; (C) shall have its principal offices in the Washington, DC, metropolitan area; and (D) shall continuously maintain a designated agent in Washington, DC, who is authorized to accept notice or service of process on behalf of the Foundation. ( c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. ( 2) In general.--The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange. ( (B) Exempt organizations.--Contributions, gifts, and other transfers made to or for the use of the Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. ( 2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. ( (a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. ( 2) Identification of eligible countries.--Not later than 5 days after the date on which the Board determines which countries are eligible countries for a given fiscal year, the Executive Director shall-- (A) submit a report to the appropriate congressional committees that includes-- (i) a list of all such eligible countries; and (ii) a justification for such eligibility determinations; and (B) publish the information contained in the report described in paragraph (A) in the Federal Register. ( c) Grantmaking.-- (1) In general.--In order to maximize its program effects, the Foundation should-- (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. AUTHORIZATION OF APPROPRIATIONS. (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation. ( b) Program Funds.-- (1) Authorization.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 7) Foundation.--The term ``Foundation'' means the United States Foundation for International Conservation established under section 3(a). ( 8) Secretary.--The term ``Secretary'' means the Secretary of State. GOVERNANCE OF THE FOUNDATION. ( ii) The Administrator of the United States Agency for International Development. ( (D) Qualifications.--Each independent expert appointed pursuant to subparagraph (C)-- (i) shall be knowledgeable and experienced in matters relating to-- (I) international development; (II) protected area management and the conservation of global biodiversity, fish and wildlife, ecosystem restoration, adaptation, and resilience; and (III) grantmaking in support of international conservation. ( B) Initial meeting.--Not later than 60 days after the Board is established pursuant to section 3(a), the Secretary shall convene a meeting of the ex-officio Directors and the appointed Directors of the Board to incorporate the Foundation. ( (7) Not federal employees.--Appointment as a Director of the Board shall not constitute employment by, or the holding of an office of, the United States for purposes of any Federal law. ( 8) Duties.--The Board shall-- (A) establish bylaws for the Foundation in accordance with paragraph (9); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management. ( (d) Limitation and Conflicts of Interests.-- (1) Political participation.--The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. ( a) General Authority.-- (1) In general.--The Foundation-- (A) shall have perpetual succession unless dissolved by an Act of Congress; (B) may conduct business throughout the States, territories, and possessions of the United States and in foreign countries; (C) shall have its principal offices in the Washington, DC, metropolitan area; and (D) shall continuously maintain a designated agent in Washington, DC, who is authorized to accept notice or service of process on behalf of the Foundation. ( c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. ( 2) In general.--The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange. ( (B) Exempt organizations.--Contributions, gifts, and other transfers made to or for the use of the Foundation shall be treated as contributions, gifts, or transfers to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. ( 2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. ( (a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. ( 2) Identification of eligible countries.--Not later than 5 days after the date on which the Board determines which countries are eligible countries for a given fiscal year, the Executive Director shall-- (A) submit a report to the appropriate congressional committees that includes-- (i) a list of all such eligible countries; and (ii) a justification for such eligibility determinations; and (B) publish the information contained in the report described in paragraph (A) in the Federal Register. ( c) Grantmaking.-- (1) In general.--In order to maximize its program effects, the Foundation should-- (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. AUTHORIZATION OF APPROPRIATIONS. (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation. ( b) Program Funds.-- (1) Authorization.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 5) Eligible project.--The term ``eligible project'' means any of the projects described in section 7(a)(2). ( (8) Secretary.--The term ``Secretary'' means the Secretary of State. 3) Tax-exempt status.--The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization described in subsection (c) of section 501 of the Internal Revenue Code of 1986, which exempts the organization from taxation under subsection (a) of such section. GOVERNANCE OF THE FOUNDATION. ( a) Board of Directors.-- (1) Governance.--The Foundation shall be governed by a Board of Directors. (2) Composition.-- (A) In general.--The Board shall be composed of-- (i) the ex-officio nonvoting Directors described in subparagraph (B); and (ii) the voting Directors appointed pursuant to subparagraph (C). ( ii) The Administrator of the United States Agency for International Development. ( (ii) Initial appointed directors.--Of the initial Directors appointed pursuant to paragraph (2)(C)-- (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. ( B) Initial meeting.--Not later than 60 days after the Board is established pursuant to section 3(a), the Secretary shall convene a meeting of the ex-officio Directors and the appointed Directors of the Board to incorporate the Foundation. ( (6) Reimbursement of expenses.--Directors of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the Foundation. ( 7) Not federal employees.--Appointment as a Director of the Board shall not constitute employment by, or the holding of an office of, the United States for purposes of any Federal law. ( (B) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws do not-- (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. ( c) Foundation Staff.--Officers and employees of the Foundation-- (1) may not be employees of, or hold any office in, the United States Government; and (2) shall be appointed without regard to the provisions of-- (A) title 5, United States Code, governing appointments in the competitive service; and (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. ( (2) Financial interests.--Any Director of the Board or officer or employee of the Foundation is prohibited from participating, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-- (A) the financial interests of such Director, officer, or employee; and (B) the interests of any corporation, partnership, entity, or organization in which such Director, officer, or employee has any fiduciary obligation or direct or indirect financial interest. 3) Seal.--The Foundation shall have an official seal, which shall be selected by the Board and judicially noticed. c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (2) In general.--The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange. ( 2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. (e) Limitation of Public Liability.--The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. 2) Duties.--The accountability mechanism shall-- (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation's compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B)(i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. (a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. 2) Identification of eligible countries.--Not later than 5 days after the date on which the Board determines which countries are eligible countries for a given fiscal year, the Executive Director shall-- (A) submit a report to the appropriate congressional committees that includes-- (i) a list of all such eligible countries; and (ii) a justification for such eligibility determinations; and (B) publish the information contained in the report described in paragraph (A) in the Federal Register. (c) Grantmaking.-- (1) In general.--In order to maximize its program effects, the Foundation should-- (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. AUTHORIZATION OF APPROPRIATIONS. ( b) Program Funds.-- (1) Authorization.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 8) Duties.--The Board shall-- (A) establish bylaws for the Foundation in accordance with paragraph (9); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management. ( ( d) Limitation and Conflicts of Interests.-- (1) Political participation.--The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. ( ( c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. ( a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. ( (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation. ( b) Program Funds.-- (1) Authorization.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. B) Initial meeting.--Not later than 60 days after the Board is established pursuant to section 3(a), the Secretary shall convene a meeting of the ex-officio Directors and the appointed Directors of the Board to incorporate the Foundation. ( (6) Reimbursement of expenses.--Directors of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the Foundation. ( c) Foundation Staff.--Officers and employees of the Foundation-- (1) may not be employees of, or hold any office in, the United States Government; and (2) shall be appointed without regard to the provisions of-- (A) title 5, United States Code, governing appointments in the competitive service; and (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. ( (2) Financial interests.--Any Director of the Board or officer or employee of the Foundation is prohibited from participating, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-- (A) the financial interests of such Director, officer, or employee; and (B) the interests of any corporation, partnership, entity, or organization in which such Director, officer, or employee has any fiduciary obligation or direct or indirect financial interest. 2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. ( 2) Duties.--The accountability mechanism shall-- (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation's compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B)(i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. ( a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. (c) Grantmaking.-- (1) In general.--In order to maximize its program effects, the Foundation should-- (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. AUTHORIZATION OF APPROPRIATIONS. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 8) Duties.--The Board shall-- (A) establish bylaws for the Foundation in accordance with paragraph (9); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management. ( ( d) Limitation and Conflicts of Interests.-- (1) Political participation.--The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. ( ( c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. ( a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. ( (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation. ( b) Program Funds.-- (1) Authorization.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. c) Foundation Staff.--Officers and employees of the Foundation-- (1) may not be employees of, or hold any office in, the United States Government; and (2) shall be appointed without regard to the provisions of-- (A) title 5, United States Code, governing appointments in the competitive service; and (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. ( ( 2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. ( 2) Duties.--The accountability mechanism shall-- (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation's compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B)(i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. ( (c) Grantmaking.-- (1) In general.--In order to maximize its program effects, the Foundation should-- (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. AUTHORIZATION OF APPROPRIATIONS. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 8) Duties.--The Board shall-- (A) establish bylaws for the Foundation in accordance with paragraph (9); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management. ( ( d) Limitation and Conflicts of Interests.-- (1) Political participation.--The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. ( ( c) Property Interests.-- (1) Interest in real property.--In this subsection, an interest in real property includes-- (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. ( a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. ( (a) Administrative Expenses.--There are authorized to be appropriated, for each of the fiscal years 2023 through 2032, such sums as may be necessary for the administrative expenses of the Foundation. ( b) Program Funds.-- (1) Authorization.--There are authorized to be appropriated $100,000,000 for each of the fiscal years 2023 through 2032 to carry out section 7. (

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. c) Foundation Staff.--Officers and employees of the Foundation-- (1) may not be employees of, or hold any office in, the United States Government; and (2) shall be appointed without regard to the provisions of-- (A) title 5, United States Code, governing appointments in the competitive service; and (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. ( ( 2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. ( 2) Duties.--The accountability mechanism shall-- (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation's compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B)(i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. ( (c) Grantmaking.-- (1) In general.--In order to maximize its program effects, the Foundation should-- (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. AUTHORIZATION OF APPROPRIATIONS. (

United States Foundation for International Conservation Act of 2022 - Directs the Secretary of State to establish the United States Foundation to promote long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries. (Sec. 3) Establishes the Foundation to: (1) advocate for, incentivize, accept, and administer governmental and nongovernmental funds to Directs the Secretary of the Interior to convene a meeting of the ex-officio Directors and the appointed Directors of the Foundation to incorporate the Foundation. (Sec. 5) Requires the Board to: (1) establish bylaws for the Foundation; (2) provide overall direction for its activities and establish priority activities; (3) evaluate the performance of the Executive Director; and Requires the Foundation to: (1) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (2) develop, and incorporate into any agreement for support provided by the Foundation, appropriate safeguards, policies, and guidelines consistent with internationally recognized best practices and standards for environmental and social Authorizes appropriations for FY2023 through 2032 for the management of well-defined protected or conserved areas and the systems of such conservation areas in eligible countries. (Sec. 8) Requires the Executive Director of the Foundation to report annually to the appropriate congressional committees on the Foundation's goals, programs, projects, and activities, private and governmental contributions, and standardized criteria utilized to determine

H.R.7056

Immigration

Visa Transparency Anti-Trafficking Act of 2021 This bill directs the Department of Homeland Security to build a searchable database with certain information about each temporary foreign nonimmigrant worker. The database shall include information such as (1) each worker's age, sex, and country of origin; (2) the type of visa used and the status of such visa; (3) where each worker is employed; and (4) each worker's occupation and the compensation received. The database shall only be available to (1) law enforcement, (2) service providers to human trafficking victims, (3) worker protection organizations, and (4) entities agreeing to use the information only for research purposes. The bill expands existing reporting requirements related to temporary foreign nonimmigrant workers to include additional information such as (1) the 10 employers that hired the most temporary foreign nonimmigrant workers, and (2) the 10 occupations with the most temporary foreign nonimmigrant workers.

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Transparency Anti-Trafficking Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (2) Employment.--The term ``employment''-- (A) means employment in the United States; (B) includes cultural exchanges, training, and business activities in which the nonimmigrant receives any form of compensation (including a stipend) from any source, whether paid in the United States or in the nonimmigrant's country of origin, and whether or not authorized by law; and (C) does not include the activities of a nonimmigrant described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)), except-- (i) personal or domestic servants accompanying or following to join a nonimmigrant employer who seeks admission into, or is already in, the United States; (ii) personal or domestic servants accompanying or following to join a United States citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States; (iii) nonimmigrants engaged in training, services, or work normally allowed under other nonimmigrant visa classifications, including-- (I) services described in clause (i)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). (3) Law enforcement.--The term ``law enforcement'' includes-- (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709)); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act (15 U.S.C. 15g(1))). (4) Nonimmigrant visa classification, status, or subclassification.--The term ``nonimmigrant visa classification, status, or subclassification'' means any program, level, category, subcategory, or other type of grouping that-- (A) is part of a nonimmigrant visa classification or status-- (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) and 1184(e)); or (ii) otherwise established under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))); and (B) may be specifically created, delineated, or defined in-- (i) any Federal statute, regulation, agency guidance, directive, memo, or any other source material, including the Code of Federal Regulations, the Foreign Affairs Manual, and Department of State cables (classified or unclassified); or (ii) any official form, application, or petition used by the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor. (5) Service providers to human trafficking victims.--The term ``service providers to human trafficking victims'' means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under-- (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A), 7105(f), and 7109a); or (B) section 202 or 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20702 and 20703). (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); (ii) who has petitioned for, requested, or otherwise applied for a visa described in subparagraph (A); or (iii) for whom such a visa has been petitioned, requested, or applied; and (B) any person authorized to be employed in the United States under any nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, except for persons who were issued nonimmigrant visas for the purpose of victim or witness protection. (7) Third party intermediary.--The term ``third party intermediary''-- (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. (8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. SEC. 3. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: ``(8) Not later than 6 months after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes, with respect to the reporting period-- ``(A) the number of citizens of countries with a Compact of Free Association with the United States who-- ``(i) are authorized by such Compact to reside indefinitely in the United States as nonimmigrants; and ``(ii) were admitted to the United States; ``(B) the ports of entry at which the individuals described in subparagraph (A) were admitted; and ``(C) with respect to each nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, as applicable (except for visas issued for the purpose of victim or witness protection), to the extent that the following data are collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such department-- ``(i) the number of visas that were issued; ``(ii) the number of persons who were admitted into the United States; ``(iii) the number of persons who were otherwise granted legal status; ``(iv) the number of visas that expired, were revoked, or were otherwise terminated, respectively; ``(v) the number of temporary foreign nonimmigrant workers employed in each State; ``(vi) the 10 employers that hired the most temporary foreign nonimmigrant workers; ``(vii) the 10 occupations, listed by Standard Occupational Classification Code, in which the largest number of temporary foreign nonimmigrant workers are employed in the United States, and the average hourly and yearly salary paid to temporary foreign nonimmigrant workers in each such occupation; ``(viii) the 10 most common nationalities of temporary foreign nonimmigrant workers; ``(ix) the 10 third party intermediaries that recruited or hired the most temporary foreign nonimmigrant workers; ``(x) the percentage of temporary foreign nonimmigrant workers at each major education level; ``(xi) the percentage of temporary foreign nonimmigrant workers who are younger than 20 years of age, between 20 and 24 years of age, between 25 and 29 years of age, between 30 and 34 years of age, between 35 and 39 years of age, between 40 and 44 years of age, between 45 and 49 years of age, between 50 and 54 years of age, between 55 and 59 years of age, between 60 and 64 years of age, or older than 65 years of age, respectively; ``(xii) the percentage of temporary foreign nonimmigrant workers of each sex who were issued visas; and ``(xiii) the source of the data described in clauses (i) through (xii).''. SEC. 4. DATABASE. (a) In General.-- (1) Availability of information.--At the time the Secretary of Homeland Security submits each annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, with respect to each temporary foreign nonimmigrant worker, the Secretary shall make the information described in subsection (b) (except for information regarding visas issued for the purpose of victim or witness protection) that is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such department, or by any successor agency to any such department on a dedicated and searchable database. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. (b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. (2) Visa information.--The information made available in the database established pursuant to subsection (a) shall include, for each visa requested by a temporary foreign nonimmigrant worker-- (A) the visa classification or status that was requested, including-- (i) any applicable subclassification, preference, or program associated with the visa classification or status; and (ii) if applicable, any section cited from the Code of Federal Regulations, Foreign Affairs Manual, or any other Federal guidance document that corresponds to such subclassification, preference, or program; (B) whether the request is for a new visa or an extension of an existing visa or status; (C) the status of the visa, such as issued, expired, revoked, or terminated; (D) whether the visa was issued pursuant to a blanket petition; and (E) whether the visa or status was issued at a port of entry and, if so, the port of entry where it was issued. (3) Employment information.--The information made available in the database established pursuant to subsection (a) shall include-- (A) for each offer of employment in the United States-- (i) the temporary foreign nonimmigrant worker's occupation and the standard occupational classification code for the occupation, or any other occupational code listed; (ii) the wages, salary, and any other compensation to be paid to the temporary foreign nonimmigrant worker; (iii) the address where the temporary foreign nonimmigrant worker will work, and any additional worksite addresses; (iv) the address where the temporary foreign nonimmigrant worker will reside during his or her employment; (v) whether the temporary foreign nonimmigrant worker will be assigned to work at an offsite location; and (vi) whether the temporary foreign nonimmigrant worker's position is a full-time position; and (B) for each accepted offer of employment in the United States-- (i) the dates on which the temporary foreign nonimmigrant worker began and ended employment; and (ii) the date on which the temporary foreign nonimmigrant worker entered the United States. (4) Employer information.--The information made available in the database established pursuant to subsection (a) shall include, for each employer of temporary foreign nonimmigrant workers-- (A) the name and address of the employer; (B) if the employer is a household employer, the nationality of the employer; (C) whether the employer is an H-1B dependent employer (as defined in section 212(n)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. (5) Application information.--The information made available in the database established pursuant to subsection (a) shall include, for each application filed on behalf of a temporary foreign nonimmigrant worker-- (A) the date on which the application was filed; (B) the status of such application, such as approved, rejected, denied, withdrawn, or awaiting final action; (C) whether the application was for the purpose of-- (i) beginning new employment; (ii) continuing previously approved employment with the same employer without change; (iii) changing from previously approved employment; (iv) new concurrent employment; (v) changing of employer; (vi) amending a petition; (vii) requesting initial permission to accept employment; (viii) renewing permission to accept employment; or (ix) something not described in clauses (i) through (viii); (D) whether the application was a blanket petition; (E) the total number of temporary foreign nonimmigrant workers included in the application; (F) the application number; (G) whether the temporary foreign nonimmigrant worker is eligible for employment authorization based on pre-completion optional practical training, post- completion optional practical training, or STEM optional practical training; (H) if the temporary foreign nonimmigrant worker is eligible for employment authorization based on STEM optional practical training-- (i) the worker's degree; and (ii) the name of the worker's employer; and (I) the name of the person or entity that filed a permanent status petition on the behalf of the temporary foreign nonimmigrant worker. (6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. (c) Recipient Entities.-- (1) In general.--The database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to-- (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. (3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. (d) Rulemaking.--The Secretary of Homeland Security shall-- (1) promulgate a rule that establishes-- (A) procedures for requesting and accessing information contained in the database established pursuant to subsection (a), which access may not be limited to fewer than 5 years; and (B) security procedures for protecting such information, including rules relating to personnel security, physical security, and network security; and (2) promulgate regulations making the information described in subsection (a) available to the public in a searchable database format, except for-- (A) any personally identifiable information, including-- (i) worksite address, but shall include the State in which the worksite is located; and (ii) the names of any household employers; (B) any query that returns fewer than 10 workers; and (C) any information that, alone or in combination, would allow a reasonable person who does not have personal knowledge of the relevant circumstances, to identify a specific temporary foreign nonimmigrant worker with reasonable certainty. SEC. 5. AUTHORITY TO MODIFY FORMS. The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. SEC. 6. AUTHORITY TO IMMEDIATELY UPDATE FEES. Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. SEC. 7. INFORMATION SHARING. The Secretary of State and the Secretary of Labor shall-- (1) annually submit to the Secretary of Homeland Security, in a timely manner, any information collected or maintained by the Department of State or the Department of Labor that is required to be included in the annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3; and (2) provide any other related information to the Secretary of Homeland Security, upon request, that may be necessary to carry out the Secretary of Homeland Security's responsibilities under this Act and the amendment made by section 3. SEC. 8. EXEMPTION FROM PAPERWORK REDUCTION ACT. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. SEC. 9. PROGRESSIVE IMPLEMENTATION. (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10. CONTINUED REPORTING. (a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (b) Savings Provision.--None of the reporting requirements under this Act or the amendments made by this Act may be construed to replace-- (1) any reporting requirements under any statute or regulation in effect on the date of the enactment of this Act; or (2) any reports or publicly available microdata published by any Federal agency pertaining to any nonimmigrant visa classification that authorizes employment. <all>

Visa Transparency Anti-Trafficking Act of 2021

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes.

Visa Transparency Anti-Trafficking Act of 2021

Rep. Frankel, Lois

D

FL

This bill directs the Department of Homeland Security to build a searchable database with certain information about each temporary foreign nonimmigrant worker. The database shall include information such as (1) each worker's age, sex, and country of origin; (2) the type of visa used and the status of such visa; (3) where each worker is employed; and (4) each worker's occupation and the compensation received. The database shall only be available to (1) law enforcement, (2) service providers to human trafficking victims, (3) worker protection organizations, and (4) entities agreeing to use the information only for research purposes. The bill expands existing reporting requirements related to temporary foreign nonimmigrant workers to include additional information such as (1) the 10 employers that hired the most temporary foreign nonimmigrant workers, and (2) the 10 occupations with the most temporary foreign nonimmigrant workers.

SHORT TITLE. 2. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (5) Service providers to human trafficking victims.--The term ``service providers to human trafficking victims'' means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under-- (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 3. 4. DATABASE. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. 5. INFORMATION SHARING. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10. CONTINUED REPORTING.

2. (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 3. DATABASE. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. 5. INFORMATION SHARING. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10.

SHORT TITLE. 2. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (4) Nonimmigrant visa classification, status, or subclassification.--The term ``nonimmigrant visa classification, status, or subclassification'' means any program, level, category, subcategory, or other type of grouping that-- (A) is part of a nonimmigrant visa classification or status-- (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act (8 U.S.C. (5) Service providers to human trafficking victims.--The term ``service providers to human trafficking victims'' means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under-- (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (7) Third party intermediary.--The term ``third party intermediary''-- (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. 3. 4. DATABASE. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. 5. 7. INFORMATION SHARING. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10. CONTINUED REPORTING.

SHORT TITLE. 2. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (4) Nonimmigrant visa classification, status, or subclassification.--The term ``nonimmigrant visa classification, status, or subclassification'' means any program, level, category, subcategory, or other type of grouping that-- (A) is part of a nonimmigrant visa classification or status-- (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act (8 U.S.C. (5) Service providers to human trafficking victims.--The term ``service providers to human trafficking victims'' means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under-- (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (7) Third party intermediary.--The term ``third party intermediary''-- (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. 3. 4. DATABASE. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. 5. 7. INFORMATION SHARING. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10. CONTINUED REPORTING.

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 2) Employment.--The term ``employment''-- (A) means employment in the United States; (B) includes cultural exchanges, training, and business activities in which the nonimmigrant receives any form of compensation (including a stipend) from any source, whether paid in the United States or in the nonimmigrant's country of origin, and whether or not authorized by law; and (C) does not include the activities of a nonimmigrant described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 3) Law enforcement.--The term ``law enforcement'' includes-- (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709)); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act (15 U.S.C. 15g(1))). ( 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. (b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. ( 4) Employer information.--The information made available in the database established pursuant to subsection (a) shall include, for each employer of temporary foreign nonimmigrant workers-- (A) the name and address of the employer; (B) if the employer is a household employer, the nationality of the employer; (C) whether the employer is an H-1B dependent employer (as defined in section 212(n)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. (6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( 2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( AUTHORITY TO MODIFY FORMS. The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. ( CONTINUED REPORTING. ( (b) Savings Provision.--None of the reporting requirements under this Act or the amendments made by this Act may be construed to replace-- (1) any reporting requirements under any statute or regulation in effect on the date of the enactment of this Act; or (2) any reports or publicly available microdata published by any Federal agency pertaining to any nonimmigrant visa classification that authorizes employment.

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 1101(a)(15)); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). ( 3) Law enforcement.--The term ``law enforcement'' includes-- (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709)); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act (15 U.S.C. 15g(1))). ( 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( c) Recipient Entities.-- (1) In general.--The database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to-- (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. CONTINUED REPORTING. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 1101(a)(15)); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). ( 3) Law enforcement.--The term ``law enforcement'' includes-- (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709)); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act (15 U.S.C. 15g(1))). ( 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( c) Recipient Entities.-- (1) In general.--The database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to-- (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. CONTINUED REPORTING. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. ( 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. ( 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. ( CONTINUED REPORTING. ( (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( 2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. ( 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. ( 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. ( CONTINUED REPORTING. ( (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( 2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. ( 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. ( 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. ( a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( 2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. ( ( Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. ( a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (

Visa Transparency Anti-Trafficking Act of 2021 This bill amends the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. The bill defines "bona fide research purposes" as a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to report to the Senate Judiciary Committee and the House Judiciary Committee each fiscal year on the number of citizens of countries with a Compact of Free Association with the United States who are authorized by such Compact to reside indefinitely as nonimmigrants and who were admitted to the United State. Requires such report to include: (1 Authorizes the Secretary of Homeland Security (DHS) to establish a database of information regarding temporary foreign nonimmigrant workers. (Sec. 3) The database shall include: (1) the temporary foreign worker's occupation and the standard occupational classification code; (2) the wages, salary, and any other compensation to be paid to the worker; (3) the address where the worker Authorizes the Secretary of Homeland Security, the Secretaries of State and of Labor to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements of the Immigration and Nationality Act, as amended by this Act. (Sec. 6) Authorizes appropriations.

S.3406

Immigration

Visa Transparency Anti-Trafficking Act of 2021 This bill directs the Department of Homeland Security to build a searchable database with certain information about each temporary foreign nonimmigrant worker. The database shall include information such as (1) each worker's age, sex, and country of origin; (2) the type of visa used and the status of such visa; (3) where each worker is employed; and (4) each worker's occupation and the compensation received. The database shall only be available to (1) law enforcement, (2) service providers to human trafficking victims, (3) worker protection organizations, and (4) entities agreeing to use the information only for research purposes. The bill expands existing reporting requirements related to temporary foreign nonimmigrant workers to include additional information such as (1) the 10 employers that hired the most temporary foreign nonimmigrant workers, and (2) the 10 occupations with the most temporary foreign nonimmigrant workers.

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Transparency Anti-Trafficking Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (2) Employment.--The term ``employment''-- (A) means employment in the United States; (B) includes cultural exchanges, training, and business activities in which the nonimmigrant receives any form of compensation (including a stipend) from any source, whether paid in the United States or in the nonimmigrant's country of origin, and whether or not authorized by law; and (C) does not include the activities of a nonimmigrant described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)), except-- (i) personal or domestic servants accompanying or following to join a nonimmigrant employer who seeks admission into, or is already in, the United States; (ii) personal or domestic servants accompanying or following to join a United States citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States; (iii) nonimmigrants engaged in training, services, or work normally allowed under other nonimmigrant visa classifications, including-- (I) services described in clause (i)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). (3) Law enforcement.--The term ``law enforcement'' includes-- (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709)); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act (15 U.S.C. 15g(1))). (4) Nonimmigrant visa classification, status, or subclassification.--The term ``nonimmigrant visa classification, status, or subclassification'' means any program, level, category, subcategory, or other type of grouping that-- (A) is part of a nonimmigrant visa classification or status-- (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) and 1184(e)); or (ii) otherwise established under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))); and (B) may be specifically created, delineated, or defined in-- (i) any Federal statute, regulation, agency guidance, directive, memo, or any other source material, including the Code of Federal Regulations, the Foreign Affairs Manual, and Department of State cables (classified or unclassified); or (ii) any official form, application, or petition used by the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor. (5) Service providers to human trafficking victims.--The term ``service providers to human trafficking victims'' means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under-- (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A), 7105(f), and 7109a); or (B) section 202 or 203 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20702 and 20703). (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); (ii) who has petitioned for, requested, or otherwise applied for a visa described in subparagraph (A); or (iii) for whom such a visa has been petitioned, requested, or applied; and (B) any person authorized to be employed in the United States under any nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, except for persons who were issued nonimmigrant visas for the purpose of victim or witness protection. (7) Third party intermediary.--The term ``third party intermediary''-- (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. (8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. SEC. 3. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: ``(8) Not later than 6 months after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes, with respect to the reporting period-- ``(A) the number of citizens of countries with a Compact of Free Association with the United States who-- ``(i) are authorized by such Compact to reside indefinitely in the United States as nonimmigrants; and ``(ii) were admitted to the United States; ``(B) the ports of entry at which the individuals described in subparagraph (A) were admitted; and ``(C) with respect to each nonimmigrant visa classification, subclassification, or program for nonimmigrants that authorizes employment, as applicable (except for visas issued for the purpose of victim or witness protection), to the extent that the following data are collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such department-- ``(i) the number of visas that were issued; ``(ii) the number of persons who were admitted into the United States; ``(iii) the number of persons who were otherwise granted legal status; ``(iv) the number of visas that expired, were revoked, or were otherwise terminated, respectively; ``(v) the number of temporary foreign nonimmigrant workers employed in each State; ``(vi) the 10 employers that hired the most temporary foreign nonimmigrant workers; ``(vii) the 10 occupations, listed by Standard Occupational Classification Code, in which the largest number of temporary foreign nonimmigrant workers are employed in the United States, and the average hourly and yearly salary paid to temporary foreign nonimmigrant workers in each such occupation; ``(viii) the 10 most common nationalities of temporary foreign nonimmigrant workers; ``(ix) the 10 third party intermediaries that recruited or hired the most temporary foreign nonimmigrant workers; ``(x) the percentage of temporary foreign nonimmigrant workers at each major education level; ``(xi) the percentage of temporary foreign nonimmigrant workers who are younger than 20 years of age, between 20 and 24 years of age, between 25 and 29 years of age, between 30 and 34 years of age, between 35 and 39 years of age, between 40 and 44 years of age, between 45 and 49 years of age, between 50 and 54 years of age, between 55 and 59 years of age, between 60 and 64 years of age, or older than 65 years of age, respectively; ``(xii) the percentage of temporary foreign nonimmigrant workers of each sex who were issued visas; and ``(xiii) the source of the data described in clauses (i) through (xii).''. SEC. 4. DATABASE. (a) In General.-- (1) Availability of information.--At the time the Secretary of Homeland Security submits each annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, with respect to each temporary foreign nonimmigrant worker, the Secretary shall make the information described in subsection (b) (except for information regarding visas issued for the purpose of victim or witness protection) that is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such department, or by any successor agency to any such department on a dedicated and searchable database. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. (b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. (2) Visa information.--The information made available in the database established pursuant to subsection (a) shall include, for each visa requested by a temporary foreign nonimmigrant worker-- (A) the visa classification or status that was requested, including-- (i) any applicable subclassification, preference, or program associated with the visa classification or status; and (ii) if applicable, any section cited from the Code of Federal Regulations, Foreign Affairs Manual, or any other Federal guidance document that corresponds to such subclassification, preference, or program; (B) whether the request is for a new visa or an extension of an existing visa or status; (C) the status of the visa, such as issued, expired, revoked, or terminated; (D) whether the visa was issued pursuant to a blanket petition; and (E) whether the visa or status was issued at a port of entry and, if so, the port of entry where it was issued. (3) Employment information.--The information made available in the database established pursuant to subsection (a) shall include-- (A) for each offer of employment in the United States-- (i) the temporary foreign nonimmigrant worker's occupation and the standard occupational classification code for the occupation, or any other occupational code listed; (ii) the wages, salary, and any other compensation to be paid to the temporary foreign nonimmigrant worker; (iii) the address where the temporary foreign nonimmigrant worker will work, and any additional worksite addresses; (iv) the address where the temporary foreign nonimmigrant worker will reside during his or her employment; (v) whether the temporary foreign nonimmigrant worker will be assigned to work at an offsite location; and (vi) whether the temporary foreign nonimmigrant worker's position is a full-time position; and (B) for each accepted offer of employment in the United States-- (i) the dates on which the temporary foreign nonimmigrant worker began and ended employment; and (ii) the date on which the temporary foreign nonimmigrant worker entered the United States. (4) Employer information.--The information made available in the database established pursuant to subsection (a) shall include, for each employer of temporary foreign nonimmigrant workers-- (A) the name and address of the employer; (B) if the employer is a household employer, the nationality of the employer; (C) whether the employer is an H-1B dependent employer (as defined in section 212(n)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. (5) Application information.--The information made available in the database established pursuant to subsection (a) shall include, for each application filed on behalf of a temporary foreign nonimmigrant worker-- (A) the date on which the application was filed; (B) the status of such application, such as approved, rejected, denied, withdrawn, or awaiting final action; (C) whether the application was for the purpose of-- (i) beginning new employment; (ii) continuing previously approved employment with the same employer without change; (iii) changing from previously approved employment; (iv) new concurrent employment; (v) changing of employer; (vi) amending a petition; (vii) requesting initial permission to accept employment; (viii) renewing permission to accept employment; or (ix) something not described in clauses (i) through (viii); (D) whether the application was a blanket petition; (E) the total number of temporary foreign nonimmigrant workers included in the application; (F) the application number; (G) whether the temporary foreign nonimmigrant worker is eligible for employment authorization based on pre-completion optional practical training, post- completion optional practical training, or STEM optional practical training; (H) if the temporary foreign nonimmigrant worker is eligible for employment authorization based on STEM optional practical training-- (i) the worker's degree; and (ii) the name of the worker's employer; and (I) the name of the person or entity that filed a permanent status petition on the behalf of the temporary foreign nonimmigrant worker. (6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. (c) Recipient Entities.-- (1) In general.--The database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to-- (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. (3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. (d) Rulemaking.--The Secretary of Homeland Security shall-- (1) promulgate a rule that establishes-- (A) procedures for requesting and accessing information contained in the database established pursuant to subsection (a), which access may not be limited to fewer than 5 years; and (B) security procedures for protecting such information, including rules relating to personnel security, physical security, and network security; and (2) promulgate regulations making the information described in subsection (a) available to the public in a searchable database format, except for-- (A) any personally identifiable information, including-- (i) worksite address, but shall include the State in which the worksite is located; and (ii) the names of any household employers; (B) any query that returns fewer than 10 workers; and (C) any information that, alone or in combination, would allow a reasonable person who does not have personal knowledge of the relevant circumstances, to identify a specific temporary foreign nonimmigrant worker with reasonable certainty. SEC. 5. AUTHORITY TO MODIFY FORMS. The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. SEC. 6. AUTHORITY TO IMMEDIATELY UPDATE FEES. Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. SEC. 7. INFORMATION SHARING. The Secretary of State and the Secretary of Labor shall-- (1) annually submit to the Secretary of Homeland Security, in a timely manner, any information collected or maintained by the Department of State or the Department of Labor that is required to be included in the annual report under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3; and (2) provide any other related information to the Secretary of Homeland Security, upon request, that may be necessary to carry out the Secretary of Homeland Security's responsibilities under this Act and the amendment made by section 3. SEC. 8. EXEMPTION FROM PAPERWORK REDUCTION ACT. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. SEC. 9. PROGRESSIVE IMPLEMENTATION. (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10. CONTINUED REPORTING. (a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (b) Savings Provision.--None of the reporting requirements under this Act or the amendments made by this Act may be construed to replace-- (1) any reporting requirements under any statute or regulation in effect on the date of the enactment of this Act; or (2) any reports or publicly available microdata published by any Federal agency pertaining to any nonimmigrant visa classification that authorizes employment. <all>

Visa Transparency Anti-Trafficking Act of 2021

A bill to amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes.

Visa Transparency Anti-Trafficking Act of 2021

Sen. Blumenthal, Richard

D

CT

This bill directs the Department of Homeland Security to build a searchable database with certain information about each temporary foreign nonimmigrant worker. The database shall include information such as (1) each worker's age, sex, and country of origin; (2) the type of visa used and the status of such visa; (3) where each worker is employed; and (4) each worker's occupation and the compensation received. The database shall only be available to (1) law enforcement, (2) service providers to human trafficking victims, (3) worker protection organizations, and (4) entities agreeing to use the information only for research purposes. The bill expands existing reporting requirements related to temporary foreign nonimmigrant workers to include additional information such as (1) the 10 employers that hired the most temporary foreign nonimmigrant workers, and (2) the 10 occupations with the most temporary foreign nonimmigrant workers.

SHORT TITLE. 2. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (5) Service providers to human trafficking victims.--The term ``service providers to human trafficking victims'' means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under-- (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 3. 4. DATABASE. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. 5. INFORMATION SHARING. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10. CONTINUED REPORTING.

2. (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 3. DATABASE. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. 5. INFORMATION SHARING. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10.

SHORT TITLE. 2. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (4) Nonimmigrant visa classification, status, or subclassification.--The term ``nonimmigrant visa classification, status, or subclassification'' means any program, level, category, subcategory, or other type of grouping that-- (A) is part of a nonimmigrant visa classification or status-- (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act (8 U.S.C. (5) Service providers to human trafficking victims.--The term ``service providers to human trafficking victims'' means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under-- (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (7) Third party intermediary.--The term ``third party intermediary''-- (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. 3. 4. DATABASE. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. 5. 7. INFORMATION SHARING. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10. CONTINUED REPORTING.

SHORT TITLE. 2. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. (4) Nonimmigrant visa classification, status, or subclassification.--The term ``nonimmigrant visa classification, status, or subclassification'' means any program, level, category, subcategory, or other type of grouping that-- (A) is part of a nonimmigrant visa classification or status-- (i) described in section 101(a)(15) or 214(e) of the Immigration and Nationality Act (8 U.S.C. (5) Service providers to human trafficking victims.--The term ``service providers to human trafficking victims'' means any nonprofit, nongovernmental organization that has significant knowledge and substantial experience in human trafficking prevention and eradication, investigation and identification of human trafficking, and delivering wrap-around services to human trafficking victims, including grant recipients under-- (A) section 107(b)(2)(A), 107(f), or 112A of the Trafficking Victims Protection Act of 2000 (22 U.S.C. (6) Temporary foreign nonimmigrant worker.--The term ``temporary foreign nonimmigrant worker'' means-- (A) a nonimmigrant-- (i) who has been issued a visa under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. (7) Third party intermediary.--The term ``third party intermediary''-- (A) means any natural person, corporation, company, firm, partnership, joint stock company or association, or other organization or entity, including municipal corporations, that recruits, solicits, or engages in related activities with respect to an individual who resides outside of the United States in furtherance of employment in the United States, including when such activity occurs outside of the United States; and (B) includes recruiters, subrecruiters, placement agencies, staffing agencies, labor contractors, and sponsor organizations designated by the Secretary of State, including for-profit and not-for-profit sponsor entities. 3. 4. DATABASE. (2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. 5. 7. INFORMATION SHARING. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. (b) Full Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, which shall include all of the information and data listed in subparagraph (C) of such section, which is collected by the Department of Homeland Security, the Department of Labor, the Department of State, or any other Federal agency to which the collection of such data has been delegated by any such Department, or by any successor agency to any such Department. SEC. 10. CONTINUED REPORTING.

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 2) Employment.--The term ``employment''-- (A) means employment in the United States; (B) includes cultural exchanges, training, and business activities in which the nonimmigrant receives any form of compensation (including a stipend) from any source, whether paid in the United States or in the nonimmigrant's country of origin, and whether or not authorized by law; and (C) does not include the activities of a nonimmigrant described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 3) Law enforcement.--The term ``law enforcement'' includes-- (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709)); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act (15 U.S.C. 15g(1))). ( 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. (b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. ( 4) Employer information.--The information made available in the database established pursuant to subsection (a) shall include, for each employer of temporary foreign nonimmigrant workers-- (A) the name and address of the employer; (B) if the employer is a household employer, the nationality of the employer; (C) whether the employer is an H-1B dependent employer (as defined in section 212(n)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. (6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( 2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( AUTHORITY TO MODIFY FORMS. The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. ( CONTINUED REPORTING. ( (b) Savings Provision.--None of the reporting requirements under this Act or the amendments made by this Act may be construed to replace-- (1) any reporting requirements under any statute or regulation in effect on the date of the enactment of this Act; or (2) any reports or publicly available microdata published by any Federal agency pertaining to any nonimmigrant visa classification that authorizes employment.

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 1101(a)(15)); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). ( 3) Law enforcement.--The term ``law enforcement'' includes-- (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709)); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act (15 U.S.C. 15g(1))). ( 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( c) Recipient Entities.-- (1) In general.--The database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to-- (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. CONTINUED REPORTING. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 1101(a)(15)); and (II) training described in clause (iii) of such section; and (iv) nonimmigrants engaged in the supervision or training of others engaged in building or construction work, but not for the purpose of performing any such building or construction work themselves (as described in section 214.2(b)(5) of title 8, Code of Federal Regulations and section 41.31(b)(1) of title 22, Code of Federal Regulations). ( 3) Law enforcement.--The term ``law enforcement'' includes-- (A) Federal law enforcement officers (as defined in section 115(c)(1) of title 18, United States Code); (B) Federal law enforcement officers and local law enforcement officers (as such terms are defined in paragraphs (5) and (6) of subsection (b) of the Combat Human Trafficking Act of 2015 (34 U.S.C. 20709)); and (C) State attorneys general (as defined in section 4G(1) of the Clayton Act (15 U.S.C. 15g(1))). ( 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS. Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( c) Recipient Entities.-- (1) In general.--The database established pursuant to subsection (a), including all personally identifiable information including in such database, shall be made available only to-- (A) law enforcement agencies; (B) service providers to human trafficking victims; (C) worker protection organizations; or (D) entities agreeing to only use such information for bona fide research purposes. (2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. The requirements under chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''), shall not apply to any action to implement this Act or the amendments made by this Act. CONTINUED REPORTING. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. ( 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. ( 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. ( CONTINUED REPORTING. ( (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( 2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 8) Worker protection organization.--The term ``worker protection organization'' means any nonprofit, nongovernmental organization that-- (A) promotes compliance with antidiscrimination, wage, occupational health and safety, workers' compensation and other labor and employment laws and regulations; or (B) otherwise advocates for safeguarding labor standards and improving workplace protections and working conditions. 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. ( 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. ( 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( The Secretary of Homeland Security, the Secretary of State, and the Secretary of Labor may take such steps as may be necessary to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements set forth in section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3. Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. (a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. ( CONTINUED REPORTING. ( (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( 2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. b) Required Information.-- (1) Biographical information.--The information made available in the database established pursuant to subsection (a) shall include, for each temporary foreign nonimmigrant worker-- (A) his or her age; (B) his or her sex; (C) his or her country of origin and local region or State; (D) the highest level of education attained, the institution from which such education was attained, and his or her primary field of study; and (E) the name of the university at which he or she is enrolled. ( 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. ( 6) Third party intermediary information.--The information made available in the database established pursuant to subsection (a) shall include the name and last known domestic and foreign business address of any third party intermediary involved in identifying workers for employment in the United States with a nonimmigrant visa. ( Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. ( a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. In this Act: (1) Bona fide research purposes.--The term ``bona fide research purposes''-- (A) means a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge or understanding; and (B) does not include-- (i) purposes that are commercial, tortious, or criminal in nature; (ii) purposes that are related to immigration enforcement; or (iii) nonresearch purposes that would not have been practicable, but for access to the information. ( 2) Sources; redundancies.--The database established pursuant to paragraph (1) shall-- (A) indicate the sources from which the information described in subsection (b) is derived; and (B) to the extent that any of the information described in subsection (b) is available from more than 1 source or Federal agency-- (i) reproduce the information from each source or Federal agency; and (ii) indicate the source from which such information was derived, including the Federal agency and any relevant petition or application form. ( 2) Certification.--Any entity receiving data under paragraph (1)(D) for bona fide research purposes shall certify that the entity-- (A) will only use the data for research purposes; and (B) will not share or disclose the data in disaggregated form, in a manner that would make any personally identifiable information discernible, with any individual or entity that has not been approved by the Department of Homeland Security to receive such disaggregated data. ( 3) Privacy protection.--Any government official who uses information contained in the database established pursuant to subsection (a) shall take reasonable steps to ensure that such use does not enable such information to be manipulated-- (A) to identify an individual nonimmigrant to whom the information relates; or (B) to disaggregate such information into its component parts. ( a) In General.--Federal and State administrative agencies shall continue to publicly report all nonimmigrant visa data required by law as of the day before the date of the enactment of this Act. (

To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. 1182(n)(3)(A))); (D) whether the employer has ever been found to be a willful violator or to have violated any law or regulation under the employment, labor, or immigration laws of the United States; (E) whether the employer conducts outplacement of nonimmigrants; and (F) the percentage of nonimmigrants comprising the United States workforce of the employer, including whether the percentage is less than 30 percent, between 30 and 50 percent, or more than 50 percent. ( ( Notwithstanding the requirements under chapter 5 of title 5, United States Code (commonly referred to as the ``Administrative Procedure Act'') or any other law, the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor may, without notice and comment, reasonably adjust applicable fees charged to any person or entity to the extent necessary to recover the full cost implementing this Act or the amendments made by this Act. ( a) Initial Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 214(c)(8) of the Immigration and Nationality Act, as amended by section 3, based on the information that is available from the Department of Homeland Security, the Department of Labor, and the Department of State as of the date of the enactment of this Act. (

Visa Transparency Anti-Trafficking Act of 2021 This bill amends the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes. The bill defines "bona fide research purposes" as a systematic study or investigation, including research, development, testing, and evaluation, designed to develop or to contribute to fuller or generalizable knowledge Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to report to the Senate Judiciary Committee and the House Judiciary Committee each fiscal year on the number of citizens of countries with a Compact of Free Association with the United States who are authorized by such Compact to reside indefinitely as nonimmigrants and who were admitted to the United State. Requires such report to include: (1 Authorizes the Secretary of Homeland Security (DHS) to establish a database of information regarding temporary foreign nonimmigrant workers. (Sec. 3) The database shall include: (1) the temporary foreign worker's occupation and the standard occupational classification code; (2) the wages, salary, and any other compensation to be paid to the worker; (3) the address where the worker Authorizes the Secretary of Homeland Security, the Secretaries of State and of Labor to revise any application, petition, form, or database used to regulate the issuance of visas to nonimmigrants or to grant nonimmigrant status to comply with the reporting requirements of the Immigration and Nationality Act, as amended by this Act. (Sec. 6) Authorizes appropriations.

H.R.4921

Social Welfare

Strengthening Social Security Act of 2021 This bill expands benefits, and increases specified taxes, related to the Social Security retirement and disability benefits program. Changes to benefits include (1) increasing the primary insurance amount for certain beneficiaries, (2) calculating cost-of-living adjustments by using a price index that tracks the spending patterns of older consumers, and (3) establishing an alternative benefit for widows or widowers in two-income households. Changes to taxes include phasing out the cap on earnings subject to the Social Security payroll tax. Under current law, the maximum amount subject to this tax is $142,800.

To improve the retirement security of American families by strengthening Social Security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Social Security Act of 2021''. SEC. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2022. (a) Determination of Taxable Wages Above Contribution and Benefit Base After 2022.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining taxable wages.--For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to-- ``(A) for 2023, 80 percent, ``(B) for 2024 through 2026, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points, and ``(C) for 2027 and each year thereafter, 0 percent. ``(2) Included and excluded service.--For purposes of this chapter, if''. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended-- (A) in subsection (a)(1)(I)-- (i) by inserting ``and before 2023'' after ``1974''; and (ii) by inserting ``and'' after the semicolon; (B) in subsection (a)(1), by adding at the end the following new subparagraph: ``(J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2022 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year;''; and (C) by adding at the end the following new subsection: ``(l) For purposes of subsection (a)(1)(J), the applicable percentage for a calendar year shall be equal to-- ``(1) for 2023, 80 percent, ``(2) for 2024 through 2026, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points, and ``(3) for 2027 and each year thereafter, 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. (b) Determination of Taxable Self-Employment Income Above Contribution and Benefit Base After 2022.-- (1) Amendments to the internal revenue code of 1986.-- Section 1402 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)(1), by striking ``that part of the net earnings'' and all that follows through ``minus'' and inserting the following: ``an amount equal to the applicable percentage (as determined under subsection (d)(2)) of that part of the net earnings from self-employment which is in excess of the difference (not to be less than zero) between (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, and''; and (B) in subsection (d)-- (i) by striking ``(d) Employee and Wages.-- The term'' and inserting the following: ``(d) Rules and Definitions.-- ``(1) Employee and wages.--The term''; and (ii) by adding at the end the following: ``(2) Applicable percentage of net earnings from self- employment in determining taxable self-employment income.--For purposes of subsection (b)(1), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to-- ``(A) for 2023, 80 percent, ``(B) for 2024 through 2026, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points, and ``(C) for 2027 and each year thereafter, 0 percent.''. (2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 411) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(I)-- (I) by striking ``or'' after the semicolon; and (II) by inserting ``and before 2023'' after ``1974''; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: ``(2) For any taxable year beginning in any calendar year after 2022, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of the difference (not to be less than zero) between-- ``(A) an amount equal to the contribution and benefit base (as determined under section 230) that is effective for such calendar year, and ``(B) the amount of the wages paid to such individual during such taxable year, or''; and (B) by adding at the end the following: ``(l) For purposes of subsection (b)(2), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to-- ``(1) for 2023, 80 percent, ``(2) for 2024 through 2026, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points, and ``(3) for 2027 and each year thereafter, 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. SEC. 3. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (a) Adjustments Relating to First Bend Point.-- (1) Increase in first bend point factor.-- (A) In general.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking ``90 percent'' and inserting ``95 percent''. (B) Effective date; application rule.--The amendment made by subparagraph (A) shall apply with respect to computations or recomputations of primary insurance amounts made on or after January 1, 2027, except that section 215(a)(1)(A)(i) of the Social Security Act shall be applied by making the following substitutions for ``95 percent'' for computations and recomputations made in the following calendar years: (i) For calendar year 2027, by substituting ``91 percent''. (ii) For calendar year 2028, by substituting ``92 percent''. (iii) For calendar year 2029, by substituting ``93 percent''. (iv) For calendar year 2030, by substituting ``94 percent''. (2) Increase in first bend point.--Section 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) With respect to computations or recomputations of primary insurance amounts made on or after January 1, 2027, the amount determined under clause (i) of this subparagraph for purposes of subparagraph (A)(i) for such calendar year shall be increased by-- ``(I) for calendar year 2028, 1 percent, ``(II) for each of calendar years 2029 through 2041, the percent determined under this clause for the preceding year increased by 1 percentage point, and ``(III) for calendar year 2042 and each year thereafter, 15 percent.''. (3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute the primary insurance amount of each such individual on the first day of each calendar year during the period beginning with calendar year 2027 and ending with calendar year 2042 to the extent necessary to carry out the amendments made by this section. (b) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. (c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. (2) Surplus aime.-- (A) In general.--Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting ``(A)'' after ``(b)(1)''; and (iii) by adding at the end the following new subparagraph: ``(B)(i) An individual's surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing-- ``(I) the total (after adjustment under paragraph (3)(B)) of such individual's surplus earnings (determined under clause (ii)) for such individual's benefit computation years (determined under paragraph (2)), by ``(II) the number of months in those years. ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. (3) Adjustment of surplus earnings for purposes of determining surplus aime.--Section 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)'' and by inserting ``and determination of basic average indexed monthly income'' after ``paragraph (2)''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) For purposes of determining under paragraph (1)(B) an individual's surplus average indexed monthly earnings, the individual's surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of-- ``(i) the individual's surplus earnings for such year (as determined without regard to this subparagraph), and ``(ii) the quotient described in subparagraph (A)(ii).''. (d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after June 30 of the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 5. COMPUTATION OF COST-OF-LIVING INCREASES FOR SOCIAL SECURITY BENEFITS. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (2) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 5(a) of the Strengthening Social Security Act of 2021,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i)(1)(C) of the Social Security Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. SEC. 6. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. (a) In General.-- (1) Widows.--Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual, or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits), and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (2) Widowers.--Section 202(f) of the Social Security Act (42 U.S.C. 402(f)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual, or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced husband, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(c)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits), and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. SEC. 7. HOLDING SSI BENEFICIARIES HARMLESS. For purposes of determining the income of an individual to establish eligibility for, and the amount of, benefits payable under title XVI of the Social Security Act, the amount of any benefit to which the individual is entitled under title II of such Act shall be deemed not to exceed the amount of the benefit that would be determined for such individual under such title as in effect on the day before the date of the enactment of this Act. <all>

Strengthening Social Security Act of 2021

To improve the retirement security of American families by strengthening Social Security.

Strengthening Social Security Act of 2021

Rep. Sánchez, Linda T.

D

CA

This bill expands benefits, and increases specified taxes, related to the Social Security retirement and disability benefits program. Changes to benefits include (1) increasing the primary insurance amount for certain beneficiaries, (2) calculating cost-of-living adjustments by using a price index that tracks the spending patterns of older consumers, and (3) establishing an alternative benefit for widows or widowers in two-income households. Changes to taxes include phasing out the cap on earnings subject to the Social Security payroll tax. Under current law, the maximum amount subject to this tax is $142,800.

To improve the retirement security of American families by strengthening Social Security. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2022. (a) Determination of Taxable Wages Above Contribution and Benefit Base After 2022.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining taxable wages.--For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to-- ``(A) for 2023, 80 percent, ``(B) for 2024 through 2026, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points, and ``(C) for 2027 and each year thereafter, 0 percent. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (iii) For calendar year 2029, by substituting ``93 percent''. (3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. ''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. SEC.

2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2022. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (iii) For calendar year 2029, by substituting ``93 percent''. (3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. ''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. SEC.

To improve the retirement security of American families by strengthening Social Security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2022. (a) Determination of Taxable Wages Above Contribution and Benefit Base After 2022.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining taxable wages.--For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to-- ``(A) for 2023, 80 percent, ``(B) for 2024 through 2026, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points, and ``(C) for 2027 and each year thereafter, 0 percent. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (iii) For calendar year 2029, by substituting ``93 percent''. (iv) For calendar year 2030, by substituting ``94 percent''. (3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. (c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. 6. ''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. SEC. 7. HOLDING SSI BENEFICIARIES HARMLESS.

To improve the retirement security of American families by strengthening Social Security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2022. (a) Determination of Taxable Wages Above Contribution and Benefit Base After 2022.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining taxable wages.--For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to-- ``(A) for 2023, 80 percent, ``(B) for 2024 through 2026, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points, and ``(C) for 2027 and each year thereafter, 0 percent. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (a) Adjustments Relating to First Bend Point.-- (1) Increase in first bend point factor.-- (A) In general.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. (iii) For calendar year 2029, by substituting ``93 percent''. (iv) For calendar year 2030, by substituting ``94 percent''. (3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. (c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. 6. ''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). 402(f)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual, or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits), and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. SEC. 7. HOLDING SSI BENEFICIARIES HARMLESS.

To improve the retirement security of American families by strengthening Social Security. ``(2) Included and excluded service.--For purposes of this chapter, if''. ( 3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. 3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. ( ii) For calendar year 2028, by substituting ``92 percent''. ( 3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute the primary insurance amount of each such individual on the first day of each calendar year during the period beginning with calendar year 2027 and ending with calendar year 2042 to the extent necessary to carry out the amendments made by this section. ( 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. ( c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. ( ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. ( B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. ( (d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). ( (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. ( (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. HOLDING SSI BENEFICIARIES HARMLESS.

To improve the retirement security of American families by strengthening Social Security. ``(2) Included and excluded service.--For purposes of this chapter, if''. ( 3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. 2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. a) Adjustments Relating to First Bend Point.-- (1) Increase in first bend point factor.-- (A) In general.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking ``90 percent'' and inserting ``95 percent''. ( (iii) For calendar year 2029, by substituting ``93 percent''. ( b) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. ( 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. ( B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. ( d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). ( c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. ( b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. HOLDING SSI BENEFICIARIES HARMLESS.

To improve the retirement security of American families by strengthening Social Security. ``(2) Included and excluded service.--For purposes of this chapter, if''. ( 3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. 2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. a) Adjustments Relating to First Bend Point.-- (1) Increase in first bend point factor.-- (A) In general.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking ``90 percent'' and inserting ``95 percent''. ( (iii) For calendar year 2029, by substituting ``93 percent''. ( b) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. ( 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. ( B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. ( d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). ( c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. ( b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. HOLDING SSI BENEFICIARIES HARMLESS.

To improve the retirement security of American families by strengthening Social Security. ``(2) Included and excluded service.--For purposes of this chapter, if''. ( 3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. 3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. ( ii) For calendar year 2028, by substituting ``92 percent''. ( 3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute the primary insurance amount of each such individual on the first day of each calendar year during the period beginning with calendar year 2027 and ending with calendar year 2042 to the extent necessary to carry out the amendments made by this section. ( 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. ( c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. ( ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. ( B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. ( (d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). ( (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. ( (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. HOLDING SSI BENEFICIARIES HARMLESS.

To improve the retirement security of American families by strengthening Social Security. ``(2) Included and excluded service.--For purposes of this chapter, if''. ( 3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. 2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. a) Adjustments Relating to First Bend Point.-- (1) Increase in first bend point factor.-- (A) In general.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking ``90 percent'' and inserting ``95 percent''. ( (iii) For calendar year 2029, by substituting ``93 percent''. ( b) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. ( 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. ( B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. ( d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). ( c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. ( b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. HOLDING SSI BENEFICIARIES HARMLESS.

To improve the retirement security of American families by strengthening Social Security. ``(2) Included and excluded service.--For purposes of this chapter, if''. ( 3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. 3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. ( ii) For calendar year 2028, by substituting ``92 percent''. ( 3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute the primary insurance amount of each such individual on the first day of each calendar year during the period beginning with calendar year 2027 and ending with calendar year 2042 to the extent necessary to carry out the amendments made by this section. ( 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. ( c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. ( ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. ( B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. ( (d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). ( (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. ( (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. HOLDING SSI BENEFICIARIES HARMLESS.

To improve the retirement security of American families by strengthening Social Security. a) Adjustments Relating to First Bend Point.-- (1) Increase in first bend point factor.-- (A) In general.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking ``90 percent'' and inserting ``95 percent''. ( ( ( d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022.

To improve the retirement security of American families by strengthening Social Security. 3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. ( 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. ( c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. ( ( (d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022.

To improve the retirement security of American families by strengthening Social Security. a) Adjustments Relating to First Bend Point.-- (1) Increase in first bend point factor.-- (A) In general.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking ``90 percent'' and inserting ``95 percent''. ( ( ( d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022.

To improve the retirement security of American families by strengthening Social Security. 3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. ( 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. ( c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. ( ( (d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022.

Strengthening Social Security Act of 2021 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Amendments Act to: (1) increase the applicable percentage of wages and self-employment income above the contribution and benefit base after 2022; and (2) increase from 80 percent to 80 percent of the Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase from 95 to 95 percent the computation of primary insurance amounts made on or after January 1, 2027; and (2) include surplus average indexed monthly earnings (AIME) in the calculation of such amounts. (Currently, AIME is Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) make the Consumer Price Index for Elderly Consumers (CPI-E) the applicable consumer price index for Social Security benefits; and (2) revise the formula for calculating the cost-of-living adjustment (COLA) Amends title XVI (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the age at which a widower or widower's surviving divorced husband is entitled to an old-age or disability insurance benefit from 65 to 75 years of age; and (2) provide for a reduction in benefits for widowers and wid

H.R.2145

Health

Survivors' Access to Supportive Care Act or SASCA This bill sets out programs and requirements to address access and quality issues related to sexual-assault examinations. Specifically, the bill establishes The bill also requires institutions of higher education to provide information about the availability of sexual-assault examinations to survivors of sexual assault. Additionally, hospitals and specified components of the Department of Health and Human Services (HHS) must report on access and quality issues concerning sexual-assault examinations and related services. Furthermore, HHS must address access to, and the quality of, trained health care providers who conduct sexual-assault examinations in the National Quality Strategy. This is a national effort to align public-sector and private-sector stakeholders to achieve better health and health care.

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. SEC. 2. PURPOSE. It is the purpose of this Act to increase access to medical forensic sexual assault examinations and treatment provided by sexual assault forensic examiners for survivors by identifying and addressing gaps in obtaining those services. SEC. 3. DEFINITIONS. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). (2) MFE.--The term ``medical forensic examination'' or ``MFE'' means an examination provided to a sexual assault survivor by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. (3) SAE.--The term ``sexual assault examiner'' or ``SAE'' means a registered nurse, advanced practice nurse, physician, or physician assistant specifically trained to provide care to sexual assault forensic examinations. (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (5) SANE.--The term ``sexual assault nurse examiner'' or ``SANE'' means a registered nurse who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (6) SART.--The term ``sexual assault response team'' or ``SART'' means a multidisciplinary team that provides a specialized and immediate response to survivors of sexual assault, and may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (8) Sexual assault.--The term ``sexual assault'' means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the individual lacks capacity to consent. TITLE I--STRENGTHENING THE SEXUAL ASSAULT EXAMINER WORKFORCE SEC. 101. UNDERSTANDING SEXUAL ASSAULT CARE. (a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. (b) Grants.--The Secretary shall award grants to States to develop and implement State surveys to identify-- (1) the availability of and patient access to trained SAFE, SANE, and other providers who perform MFEs; (2) the hospitals or clinics that offer MFEs and whether each hospital or clinic has full-time, part-time, or on-call coverage; (3) regional, provider, or other barriers to access sexual assault care and services, including MFEs; (4) billing and reimbursement practices for MFEs, including private health insurance, Medicare, Medicaid, the State's victims compensation program, and any other crime funding or other sources of funding that contribute to payment for such examinations; (5) State requirements, minimum standards, and protocols for training sexual assault examiners; (6) State requirements, minimum standards, and protocols for training non-SANE or SAFE emergency services personnel involved in MFEs; (7) the availability of SAFE or SANE training, frequency of when training is convened, the providers of such training, the State's role in such training, and what process or procedures are in place for continuing education of such examiners; (8) the dedicated Federal and State funding to support SAFE or SANE training; and (9) funding opportunities for SANE or SAFE training and continuing education. (c) Eligibility.--To be eligible to receive a grant under this section, a State shall-- (1) have public, private, or nonprofit hospitals that receive Federal funding; and (2) submit to the Secretary an application through a competitive process to be determined by the Secretary. (d) Public Dissemination and Campaign.-- (1) Public availability.--The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. (B) Use the findings to develop a strategic action plan to increase the number of trained examiners available in the State and create policies to increase survivor access to trained examiners. (C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including MFEs, in the State. (ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. (iii) A Model Sexual Assault Response Team Protocol incorporating interdisciplinary community coordination between hospitals, emergency departments, hospital administration, local rape crisis programs, law enforcement, prosecuting attorneys, and other health and human service agencies and stakeholders with respect to delivering survivor-centered sexual assault care and MFEs. (iv) A notice of State and Federal laws prohibiting charging or billing survivors of sexual assault for care and services related to sexual assault. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2022 through 2027. SEC. 102. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT EXAMINER WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT PROGRAM. (a) Purpose.--It is the purpose of this section to establish a pilot program to develop, test, and implement training and continuing education which expands and supports the availability of SAFE, SAE, and SANE, providers and services for survivors of sexual assault. (b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a National Continuing and Clinical Education Pilot Program for SAFEs, SANEs, and other individuals who perform such examinations in consultation with the Department of Justice, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Violence Against Women of the Department of Justice, and the Office on Women's Health of the Department of Health and Human Services and with input from regional and national organizations with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors' advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Native communities. Such pilot program shall be 2 years in duration. (2) Functions.--The pilot program established under paragraph (1) shall develop, pilot, implement, and update, as appropriate, continuing and clinical education program modules, webinars, and programs for all hospitals and providers to increase access to SANE and SAFE services and address ongoing competency issues in SAFE or SANE practice of care, including-- (A) training and continuing education to help support SAFEs or SANEs practicing in rural or underserved areas; (B) training to help connect sexual assault survivors who are Native American with SAFEs or SANEs, including through emergency first aid, referrals, culturally competent support, and forensic evidence collection in rural communities; (C) replication of successful SANE or SAFE programs to help develop and improve the evidence base for MFEs; and (D) training to increase the number of medical professionals who are considered SAFEs or SANEs based on the recommendations of the National Sexual Assault Forensic Examination Training Standards issued by the Department of Justice on Violence Against Women. (3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. (B) A nurse practitioner. (C) A nurse midwife. (D) A physician assistant. (E) A certified nurse specialist. (F) A registered nurse. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (4) Nature of training.--The continuing education program established under this section shall incorporate and reflect current best practices and standards on MFEs consistent with the purpose of this section. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. The Task Force established under section 201 shall review and recommend updates to the training and continuing education program after the termination of the pilot program. (d) Effective Date.-- (1) In general.--The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment. (2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2024. SEC. 103. NATIONAL REPORT ON SEXUAL ASSAULT SERVICES IN OUR NATION'S HEALTH SYSTEM. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. (b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. (c) Publication.-- (1) AHRQ.--The Agency for Healthcare Research and Quality shall establish, maintain, and publish on the website of the Department of Health and Human Services an online public map of SAFE, SANE, and other forensic medical examiners. Such maps shall clarify if there is full-time, part-time, or on-call coverage. (2) States.--A State that receives Federal funds shall maintain and make available an online public map displaying the number and location of available SAFE or SANE programs and other forensic medical examiners in the State. Such maps shall clarify if there is full-time, part-time, or on-call coverage. SEC. 104. HOSPITAL REPORTING. Not later than 1 year after the date of enactment of this Act, and annually thereafter, a hospital that receives Federal funds shall submit to the Secretary a report that identifies the level of community access provided by the hospital to trained SAFEs, SARTs, SANEs, and others who perform such examinations. Such report shall describe-- (1) the number of sexual assault survivors who present at the hospital for MFEs in the year for which the report is being prepared; (2) the number of personnel who are trained and practicing as a SANE or SAFE to perform sexual assault exams, indicating the employment basis of such personnel as either full-time, part-time, or on-call; (3) the number of sexual assault exams performed by SANEs or SAFEs; (4) the number of sexual assault exams performed by personnel other than a SANE or SAFE; (5) the training that such SAFEs or SANEs undergo for purposes of maintaining competency; and (6) the SAFE/SANE standards of care applied by the hospital. TITLE II--STANDARDS OF CARE SEC. 201. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. (a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. (b) Membership.--The Task Force shall include a representative from the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office on Violence Against Women of the Department of Justice, a survivor of sexual assault, and representatives from regional and national organizations with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors' advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Native communities. (c) Objectives.--To assist and standardize State-level efforts to improve medical forensic evidence collection relating to sexual assault, the Task Force shall-- (1) identify barriers to the recruitment, training, and retention of SAFEs, SARTs, SANEs, and others who perform such examinations; (2) make recommendations for improving access to medical forensic examinations, including the feasibility of, or barriers to, utilizing mobile units; (3) improve coordination of services, and other protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence between law enforcement officials and health care providers; and (4) update national minimum standards for forensic medical examiner training and forensic medical evidence collection relating to sexual assault. (d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. (2) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings and conclusions of the Task Force. (e) Annual Summit.--The Secretary shall convene an annual stakeholder meeting to address gaps in health care provider care relating to sexual assault that includes the Task Force. SEC. 202. INSTITUTIONS OF HIGHER EDUCATION CAMPUS ACTION PLAN. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. SEC. 203. EXPANDING ACCESS TO UNIFIED CARE. Part B of title VIII of the Public Health Service Act (42 U.S.C. 296j et seq.) is amended by adding at the end the following: ``SEC. 812. DEMONSTRATION GRANTS FOR SEXUAL ASSAULT EXAMINER TRAINING PROGRAMS. ``(a) Establishment of Program.--The Secretary shall establish a demonstration program (referred to in this section as the `program') to award grants to eligible partnered entities for the clinical training of SAFEs/SANEs (including registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians) to administer medical forensic examinations and treatments to survivors of sexual assault. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(c) Grants.--Under the program, the Secretary shall award 3-year grants to eligible entities that meet the requirements established by the Secretary. ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be-- ``(A) a rural health care services provider or community-based service provider (as defined by the Secretary), a center or clinic under section 330, or a health center receiving assistance under title X, acting in partnership with a high-volume emergency services provider or a hospital currently providing sexual assault medical forensic examinations performed by SANEs or SAFEs, that will use grant funds to-- ``(i) assign rural health care service providers to the high-volume hospitals for clinical practicum hours to qualify such providers as a SAFE/SANE; or ``(ii) assign practitioners at high-volume hospitals to a rural health care services providers to instruct, oversee, and approve clinical practicum hours in the community to be served; or ``(B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Act, that provides legal training and technical assistance to tribal communities and to organizations and agencies serving Native people; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of whether the applicant will provide services under subparagraph (A) or (B) of paragraph (1). ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $11,000,000 for each of fiscal years 2022 through 2027. ``(2) Set-aside.--Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian tribes or tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. SEC. 204. TECHNICAL ASSISTANCE GRANTS AND LEARNING COLLECTIVES. Part B of title VIII of the Public Health Service Act (42 U.S.C. 296j et seq.), as amended by section 203, is further amended by adding at the end the following: ``SEC. 812A. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). ``(b) Regional Learning Collectives.--The Secretary shall convene State and hospital regional learning collectives to assist health care providers and States in sharing best practices, discussing practices, and improving the quality of, and access to, MFEs. ``(c) Repository.--The Secretary shall establish and maintain a secure Internet-based data repository to serve as an online learning collective for State and entity collaborations. An entity receiving a grant under section 812 may use such repository for-- ``(1) technical assistance; and ``(2) best practice sharing.''. SEC. 205. QUALITY STRATEGIES. The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)). SEC. 206. OVERSIGHT. Not later than one year after the date of enactment of this Act, the Office of the Inspector General shall issue a report concerning hospital compliance with section 1867 of the Social Security Act (42 U.S.C. 1395dd) and the Violence Against Women Act of 1994 (34 U.S.C. 12291 et seq.) with respect to access to, and reimbursements for, sexual assault medical forensic examinations at the national, State, and individual hospital level. Such report shall address hospital awareness of reimbursements, total reimbursed costs, and any costs for survivors. <all>

SASCA

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them.

SASCA Survivors’ Access to Supportive Care Act

Rep. Jayapal, Pramila

D

WA

This bill sets out programs and requirements to address access and quality issues related to sexual-assault examinations. Specifically, the bill establishes The bill also requires institutions of higher education to provide information about the availability of sexual-assault examinations to survivors of sexual assault. Additionally, hospitals and specified components of the Department of Health and Human Services (HHS) must report on access and quality issues concerning sexual-assault examinations and related services. Furthermore, HHS must address access to, and the quality of, trained health care providers who conduct sexual-assault examinations in the National Quality Strategy. This is a national effort to align public-sector and private-sector stakeholders to achieve better health and health care.

This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. 2. PURPOSE. 3. (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. UNDERSTANDING SEXUAL ASSAULT CARE. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. (B) Use the findings to develop a strategic action plan to increase the number of trained examiners available in the State and create policies to increase survivor access to trained examiners. Such pilot program shall be 2 years in duration. (C) A nurse midwife. (D) A physician assistant. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2024. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. Such maps shall clarify if there is full-time, part-time, or on-call coverage. HOSPITAL REPORTING. TITLE II--STANDARDS OF CARE SEC. 201. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. SEC.

This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. 2. PURPOSE. 3. (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. UNDERSTANDING SEXUAL ASSAULT CARE. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. Such pilot program shall be 2 years in duration. (C) A nurse midwife. (D) A physician assistant. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2024. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. Such maps shall clarify if there is full-time, part-time, or on-call coverage. HOSPITAL REPORTING. TITLE II--STANDARDS OF CARE SEC. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. SEC.

This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. 2. PURPOSE. 3. DEFINITIONS. 1616l). (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (6) SART.--The term ``sexual assault response team'' or ``SART'' means a multidisciplinary team that provides a specialized and immediate response to survivors of sexual assault, and may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. UNDERSTANDING SEXUAL ASSAULT CARE. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. (B) Use the findings to develop a strategic action plan to increase the number of trained examiners available in the State and create policies to increase survivor access to trained examiners. (ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. 102. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT EXAMINER WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT PROGRAM. Such pilot program shall be 2 years in duration. (C) A nurse midwife. (D) A physician assistant. (F) A registered nurse. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2024. 103. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. (b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. Such maps shall clarify if there is full-time, part-time, or on-call coverage. 104. HOSPITAL REPORTING. TITLE II--STANDARDS OF CARE SEC. 201. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. 202. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. 203. 296j et seq.) is amended by adding at the end the following: ``SEC. 812. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. 204. 812A. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. ``(c) Repository.--The Secretary shall establish and maintain a secure Internet-based data repository to serve as an online learning collective for State and entity collaborations. 205. SEC. 206. OVERSIGHT. Such report shall address hospital awareness of reimbursements, total reimbursed costs, and any costs for survivors.

This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. 2. PURPOSE. 3. DEFINITIONS. 1616l). (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (6) SART.--The term ``sexual assault response team'' or ``SART'' means a multidisciplinary team that provides a specialized and immediate response to survivors of sexual assault, and may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. UNDERSTANDING SEXUAL ASSAULT CARE. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. (B) Use the findings to develop a strategic action plan to increase the number of trained examiners available in the State and create policies to increase survivor access to trained examiners. (ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. 102. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT EXAMINER WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT PROGRAM. Such pilot program shall be 2 years in duration. (C) A nurse midwife. (D) A physician assistant. (E) A certified nurse specialist. (F) A registered nurse. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2024. 103. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. (b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. Such maps shall clarify if there is full-time, part-time, or on-call coverage. 104. HOSPITAL REPORTING. TITLE II--STANDARDS OF CARE SEC. 201. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. 202. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. 203. 296j et seq.) is amended by adding at the end the following: ``SEC. 812. ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be-- ``(A) a rural health care services provider or community-based service provider (as defined by the Secretary), a center or clinic under section 330, or a health center receiving assistance under title X, acting in partnership with a high-volume emergency services provider or a hospital currently providing sexual assault medical forensic examinations performed by SANEs or SAFEs, that will use grant funds to-- ``(i) assign rural health care service providers to the high-volume hospitals for clinical practicum hours to qualify such providers as a SAFE/SANE; or ``(ii) assign practitioners at high-volume hospitals to a rural health care services providers to instruct, oversee, and approve clinical practicum hours in the community to be served; or ``(B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Act, that provides legal training and technical assistance to tribal communities and to organizations and agencies serving Native people; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of whether the applicant will provide services under subparagraph (A) or (B) of paragraph (1). A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. 204. 812A. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. ``(c) Repository.--The Secretary shall establish and maintain a secure Internet-based data repository to serve as an online learning collective for State and entity collaborations. 205. SEC. 206. OVERSIGHT. Such report shall address hospital awareness of reimbursements, total reimbursed costs, and any costs for survivors.

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). ( (5) SANE.--The term ``sexual assault nurse examiner'' or ``SANE'' means a registered nurse who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. ( c) Eligibility.--To be eligible to receive a grant under this section, a State shall-- (1) have public, private, or nonprofit hospitals that receive Federal funding; and (2) submit to the Secretary an application through a competitive process to be determined by the Secretary. (d) Public Dissemination and Campaign.-- (1) Public availability.--The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. ( C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including MFEs, in the State. ( (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2022 through 2027. a) Purpose.--It is the purpose of this section to establish a pilot program to develop, test, and implement training and continuing education which expands and supports the availability of SAFE, SAE, and SANE, providers and services for survivors of sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( C) A nurse midwife. ( (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. ( 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( c) Publication.-- (1) AHRQ.--The Agency for Healthcare Research and Quality shall establish, maintain, and publish on the website of the Department of Health and Human Services an online public map of SAFE, SANE, and other forensic medical examiners. Such maps shall clarify if there is full-time, part-time, or on-call coverage. ( Not later than 1 year after the date of enactment of this Act, and annually thereafter, a hospital that receives Federal funds shall submit to the Secretary a report that identifies the level of community access provided by the hospital to trained SAFEs, SARTs, SANEs, and others who perform such examinations. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( e) Annual Summit.--The Secretary shall convene an annual stakeholder meeting to address gaps in health care provider care relating to sexual assault that includes the Task Force. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(c) Grants.--Under the program, the Secretary shall award 3-year grants to eligible entities that meet the requirements established by the Secretary. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(2) Set-aside.--Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian tribes or tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). ``(b) Regional Learning Collectives.--The Secretary shall convene State and hospital regional learning collectives to assist health care providers and States in sharing best practices, discussing practices, and improving the quality of, and access to, MFEs. with respect to access to, and reimbursements for, sexual assault medical forensic examinations at the national, State, and individual hospital level. Such report shall address hospital awareness of reimbursements, total reimbursed costs, and any costs for survivors.

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. 2) MFE.--The term ``medical forensic examination'' or ``MFE'' means an examination provided to a sexual assault survivor by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. ( UNDERSTANDING SEXUAL ASSAULT CARE. (a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( d) Public Dissemination and Campaign.-- (1) Public availability.--The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. ( (C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including MFEs, in the State. ( ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( C) A nurse midwife. ( (d) Effective Date.-- (1) In general.--The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment. ( 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( Such maps shall clarify if there is full-time, part-time, or on-call coverage. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( e) Annual Summit.--The Secretary shall convene an annual stakeholder meeting to address gaps in health care provider care relating to sexual assault that includes the Task Force. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(2) Set-aside.--Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian tribes or tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. 2) MFE.--The term ``medical forensic examination'' or ``MFE'' means an examination provided to a sexual assault survivor by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. ( UNDERSTANDING SEXUAL ASSAULT CARE. (a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( d) Public Dissemination and Campaign.-- (1) Public availability.--The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. ( (C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including MFEs, in the State. ( ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( C) A nurse midwife. ( (d) Effective Date.-- (1) In general.--The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment. ( 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( Such maps shall clarify if there is full-time, part-time, or on-call coverage. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( e) Annual Summit.--The Secretary shall convene an annual stakeholder meeting to address gaps in health care provider care relating to sexual assault that includes the Task Force. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(2) Set-aside.--Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian tribes or tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). ( ( ( (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2022 through 2027. 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). ( ( ( (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2022 through 2027. 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). ( ( ( (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2022 through 2027. 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others).

Survivors' Access to Supportive Care Act or SASCA - Directs the Secretary of Health and Human Services (HHS) to award grants to states to develop and implement state surveys to identify: (1) the availability of and patient access to trained sexual assault nurse examiner (SAE) and sexual assault forensic examiner (SANE) providers; (2) hospitals or clinics Directs the Secretary of Health and Human Services (HHS) to establish a National Continuing and Clinical Education Pilot Program for sexual assault forensic examiners (SAFEs) and other individuals who perform such examinations in consultation with the Department of Justice, the Centers for Medicare & Medicaid Services (CMS) and the Health Resources and Services Administration (HRSA), the Indian Health Service, the Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish the Sexual Assault Forensic Medical Examiner Task Force to identify barriers to improving access to SAFE/SANE and other forensic medical examiners. (Sec. 201) Requires the Task Force, to assist and standardize state-level efforts to improve medical forensic evidence collection relating to sexual assault, to: Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, medical forensic examinations (MFEs). Requires the Secretary to convene state and hospital regional learning collectives to share best practices, discussing practices, and

S.926

Health

Survivors' Access to Supportive Care Act or SASCA This bill sets out programs and requirements to address access and quality issues related to sexual-assault examinations. Specifically, the bill establishes The bill also requires institutions of higher education to provide information about the availability of sexual-assault examinations to survivors of sexual assault. Additionally, hospitals and specified components of the Department of Health and Human Services (HHS) must report on access and quality issues concerning sexual-assault examinations and related services. Furthermore, HHS must address access to, and the quality of, trained health care providers who conduct sexual-assault examinations in the National Quality Strategy. This is a national effort to align public-sector and private-sector stakeholders to achieve better health and health care.

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. SEC. 2. PURPOSE. It is the purpose of this Act to increase access to medical forensic sexual assault examinations and treatment provided by sexual assault forensic examiners for survivors by identifying and addressing gaps in obtaining those services. SEC. 3. DEFINITIONS. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). (2) MFE.--The term ``medical forensic examination'' or ``MFE'' means an examination provided to a sexual assault survivor by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. (3) SAE.--The term ``sexual assault examiner'' or ``SAE'' means a registered nurse, advanced practice nurse, physician, or physician assistant specifically trained to provide care to sexual assault forensic examinations. (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (5) SANE.--The term ``sexual assault nurse examiner'' or ``SANE'' means a registered nurse who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (6) SART.--The term ``sexual assault response team'' or ``SART'' means a multidisciplinary team that provides a specialized and immediate response to survivors of sexual assault, and may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (8) Sexual assault.--The term ``sexual assault'' means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the individual lacks capacity to consent. TITLE I--STRENGTHENING THE SEXUAL ASSAULT EXAMINER WORKFORCE SEC. 101. UNDERSTANDING SEXUAL ASSAULT CARE. (a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. (b) Grants.--The Secretary shall award grants to States to develop and implement State surveys to identify-- (1) the availability of and patient access to trained SAFE, SANE, and other providers who perform MFEs; (2) the hospitals or clinics that offer MFEs and whether each hospital or clinic has full-time, part-time, or on-call coverage; (3) regional, provider, or other barriers to access sexual assault care and services, including MFEs; (4) billing and reimbursement practices for MFEs, including private health insurance, Medicare, Medicaid, the State's victims compensation program, and any other crime funding or other sources of funding that contribute to payment for such examinations; (5) State requirements, minimum standards, and protocols for training sexual assault examiners; (6) State requirements, minimum standards, and protocols for training non-SANE or SAFE emergency services personnel involved in MFEs; (7) the availability of SAFE or SANE training, frequency of when training is convened, the providers of such training, the State's role in such training, and what process or procedures are in place for continuing education of such examiners; (8) the dedicated Federal and State funding to support SAFE or SANE training; and (9) funding opportunities for SANE or SAFE training and continuing education. (c) Eligibility.--To be eligible to receive a grant under this section, a State shall-- (1) have public, private, or nonprofit hospitals that receive Federal funding; and (2) submit to the Secretary an application through a competitive process to be determined by the Secretary. (d) Public Dissemination and Campaign.-- (1) Public availability.--The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. (B) Use the findings to develop a strategic action plan to increase the number of trained examiners available in the State and create policies to increase survivor access to trained examiners. (C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including MFEs, in the State. (ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. (iii) A Model Sexual Assault Response Team Protocol incorporating interdisciplinary community coordination between hospitals, emergency departments, hospital administration, local rape crisis programs, law enforcement, prosecuting attorneys, and other health and human service agencies and stakeholders with respect to delivering survivor-centered sexual assault care and MFEs. (iv) A notice of State and Federal laws prohibiting charging or billing survivors of sexual assault for care and services related to sexual assault. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2021 through 2026. SEC. 102. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT EXAMINER WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT PROGRAM. (a) Purpose.--It is the purpose of this section to establish a pilot program to develop, test, and implement training and continuing education which expands and supports the availability of SAFE, SAE, and SANE, providers and services for survivors of sexual assault. (b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a National Continuing and Clinical Education Pilot Program for SAFEs, SANEs, and other individuals who perform such examinations in consultation with the Department of Justice, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Violence Against Women of the Department of Justice, and the Office on Women's Health of the Department of Health and Human Services and with input from regional and national organizations with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors' advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Native communities. Such pilot program shall be 2 years in duration. (2) Functions.--The pilot program established under paragraph (1) shall develop, pilot, implement, and update, as appropriate, continuing and clinical education program modules, webinars, and programs for all hospitals and providers to increase access to SANE and SAFE services and address ongoing competency issues in SAFE or SANE practice of care, including-- (A) training and continuing education to help support SAFEs or SANEs practicing in rural or underserved areas; (B) training to help connect sexual assault survivors who are Native American with SAFEs or SANEs, including through emergency first aid, referrals, culturally competent support, and forensic evidence collection in rural communities; (C) replication of successful SANE or SAFE programs to help develop and improve the evidence base for MFEs; and (D) training to increase the number of medical professionals who are considered SAFEs or SANEs based on the recommendations of the National Sexual Assault Forensic Examination Training Standards issued by the Department of Justice on Violence Against Women. (3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. (B) A nurse practitioner. (C) A nurse midwife. (D) A physician assistant. (E) A certified nurse specialist. (F) A registered nurse. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (4) Nature of training.--The continuing education program established under this section shall incorporate and reflect current best practices and standards on MFEs consistent with the purpose of this section. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. The Task Force established under section 201 shall review and recommend updates to the training and continuing education program after the termination of the pilot program. (d) Effective Date.-- (1) In general.--The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment. (2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2023. SEC. 103. NATIONAL REPORT ON SEXUAL ASSAULT SERVICES IN OUR NATION'S HEALTH SYSTEM. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. (b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. (c) Publication.-- (1) AHRQ.--The Agency for Healthcare Research and Quality shall establish, maintain, and publish on the website of the Department of Health and Human Services an online public map of SAFE, SANE, and other forensic medical examiners. Such maps shall clarify if there is full-time, part-time, or on-call coverage. (2) States.--A State that receives Federal funds shall maintain and make available an online public map displaying the number and location of available SAFE or SANE programs and other forensic medical examiners in the State. Such maps shall clarify if there is full-time, part-time, or on-call coverage. SEC. 104. HOSPITAL REPORTING. Not later than 1 year after the date of enactment of this Act, and annually thereafter, a hospital that receives Federal funds shall submit to the Secretary a report that identifies the level of community access provided by the hospital to trained SAFEs, SARTs, SANEs, and others who perform such examinations. Such report shall describe-- (1) the number of sexual assault survivors who present at the hospital for MFEs in the year for which the report is being prepared; (2) the number of personnel who are trained and practicing as a SANE or SAFE to perform sexual assault exams, indicating the employment basis of such personnel as either full-time, part-time, or on-call; (3) the number of sexual assault exams performed by SANEs or SAFEs; (4) the number of sexual assault exams performed by personnel other than a SANE or SAFE; (5) the training that such SAFEs or SANEs undergo for purposes of maintaining competency; and (6) the SAFE/SANE standards of care applied by the hospital. TITLE II--STANDARDS OF CARE SEC. 201. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. (a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. (b) Membership.--The Task Force shall include a representative from the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office on Violence Against Women of the Department of Justice, a survivor of sexual assault, and representatives from regional and national organizations with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors' advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Native communities. (c) Objectives.--To assist and standardize State-level efforts to improve medical forensic evidence collection relating to sexual assault, the Task Force shall-- (1) identify barriers to the recruitment, training, and retention of SAFEs, SARTs, SANEs, and others who perform such examinations; (2) make recommendations for improving access to medical forensic examinations, including the feasibility of, or barriers to, utilizing mobile units; (3) improve coordination of services, and other protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence between law enforcement officials and health care providers; and (4) update national minimum standards for forensic medical examiner training and forensic medical evidence collection relating to sexual assault. (d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. (2) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings and conclusions of the Task Force. (e) Annual Summit.--The Secretary shall convene an annual stakeholder meeting to address gaps in health care provider care relating to sexual assault that includes the Task Force. SEC. 202. INSTITUTIONS OF HIGHER EDUCATION CAMPUS ACTION PLAN. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. SEC. 203. EXPANDING ACCESS TO UNIFIED CARE. Part B of title VIII of the Public Health Service Act (42 U.S.C. 296j et seq.) is amended by adding at the end the following: ``SEC. 812. DEMONSTRATION GRANTS FOR SEXUAL ASSAULT EXAMINER TRAINING PROGRAMS. ``(a) Establishment of Program.--The Secretary shall establish a demonstration program (referred to in this section as the `program') to award grants to eligible partnered entities for the clinical training of SAFEs/SANEs (including registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians) to administer medical forensic examinations and treatments to survivors of sexual assault. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(c) Grants.--Under the program, the Secretary shall award 3-year grants to eligible entities that meet the requirements established by the Secretary. ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be-- ``(A) a rural health care services provider or community-based service provider (as defined by the Secretary), a center or clinic under section 330, or a health center receiving assistance under title X, acting in partnership with a high-volume emergency services provider or a hospital currently providing sexual assault medical forensic examinations performed by SANEs or SAFEs, that will use grant funds to-- ``(i) assign rural health care service providers to the high-volume hospitals for clinical practicum hours to qualify such providers as a SAFE/SANE; or ``(ii) assign practitioners at high-volume hospitals to a rural health care services providers to instruct, oversee, and approve clinical practicum hours in the community to be served; or ``(B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Act, that provides legal training and technical assistance to tribal communities and to organizations and agencies serving Native people; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of whether the applicant will provide services under subparagraph (A) or (B) of paragraph (1). ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $11,000,000 for each of fiscal years 2021 through 2026. ``(2) Set-aside.--Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian tribes or tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. SEC. 204. TECHNICAL ASSISTANCE GRANTS AND LEARNING COLLECTIVES. Part B of title VIII of the Public Health Service Act (42 U.S.C. 296j et seq.), as amended by section 203, is further amended by adding at the end the following: ``SEC. 812A. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). ``(b) Regional Learning Collectives.--The Secretary shall convene State and hospital regional learning collectives to assist health care providers and States in sharing best practices, discussing practices, and improving the quality of, and access to, MFEs. ``(c) Repository.--The Secretary shall establish and maintain a secure Internet-based data repository to serve as an online learning collective for State and entity collaborations. An entity receiving a grant under section 812 may use such repository for-- ``(1) technical assistance; and ``(2) best practice sharing.''. SEC. 205. QUALITY STRATEGIES. The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)). SEC. 206. OVERSIGHT. Not later than one year after the date of enactment of this Act, the Office of the Inspector General shall issue a report concerning hospital compliance with section 1867 of the Social Security Act (42 U.S.C. 1395dd) and the Violence Against Women Act of 1994 (34 U.S.C. 12291 et seq.) with respect to access to, and reimbursements for, sexual assault medical forensic examinations at the national, State, and individual hospital level. Such report shall address hospital awareness of reimbursements, total reimbursed costs, and any costs for survivors. <all>

SASCA

A bill to plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them.

SASCA Survivors’ Access to Supportive Care Act

Sen. Murray, Patty

D

WA

This bill sets out programs and requirements to address access and quality issues related to sexual-assault examinations. Specifically, the bill establishes The bill also requires institutions of higher education to provide information about the availability of sexual-assault examinations to survivors of sexual assault. Additionally, hospitals and specified components of the Department of Health and Human Services (HHS) must report on access and quality issues concerning sexual-assault examinations and related services. Furthermore, HHS must address access to, and the quality of, trained health care providers who conduct sexual-assault examinations in the National Quality Strategy. This is a national effort to align public-sector and private-sector stakeholders to achieve better health and health care.

This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. 2. PURPOSE. 3. (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. UNDERSTANDING SEXUAL ASSAULT CARE. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. (B) Use the findings to develop a strategic action plan to increase the number of trained examiners available in the State and create policies to increase survivor access to trained examiners. Such pilot program shall be 2 years in duration. (C) A nurse midwife. (D) A physician assistant. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2023. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. Such maps shall clarify if there is full-time, part-time, or on-call coverage. HOSPITAL REPORTING. TITLE II--STANDARDS OF CARE SEC. 201. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. SEC.

This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. 2. PURPOSE. 3. (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. UNDERSTANDING SEXUAL ASSAULT CARE. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. Such pilot program shall be 2 years in duration. (C) A nurse midwife. (D) A physician assistant. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2023. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. Such maps shall clarify if there is full-time, part-time, or on-call coverage. HOSPITAL REPORTING. TITLE II--STANDARDS OF CARE SEC. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. SEC.

This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. 2. PURPOSE. 3. DEFINITIONS. 1616l). (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (6) SART.--The term ``sexual assault response team'' or ``SART'' means a multidisciplinary team that provides a specialized and immediate response to survivors of sexual assault, and may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. UNDERSTANDING SEXUAL ASSAULT CARE. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. (B) Use the findings to develop a strategic action plan to increase the number of trained examiners available in the State and create policies to increase survivor access to trained examiners. (ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. 102. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT EXAMINER WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT PROGRAM. Such pilot program shall be 2 years in duration. (C) A nurse midwife. (D) A physician assistant. (F) A registered nurse. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2023. 103. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. (b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. Such maps shall clarify if there is full-time, part-time, or on-call coverage. 104. HOSPITAL REPORTING. TITLE II--STANDARDS OF CARE SEC. 201. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. 202. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. 203. 296j et seq.) is amended by adding at the end the following: ``SEC. 812. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. 204. 812A. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. ``(c) Repository.--The Secretary shall establish and maintain a secure Internet-based data repository to serve as an online learning collective for State and entity collaborations. 205. SEC. 206. OVERSIGHT. Such report shall address hospital awareness of reimbursements, total reimbursed costs, and any costs for survivors.

This Act may be cited as the ``Survivors' Access to Supportive Care Act'' or ``SASCA''. 2. PURPOSE. 3. DEFINITIONS. 1616l). (4) SAFE.--The term ``sexual assault forensic examiner'' or ``SAFE'' means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (6) SART.--The term ``sexual assault response team'' or ``SART'' means a multidisciplinary team that provides a specialized and immediate response to survivors of sexual assault, and may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. UNDERSTANDING SEXUAL ASSAULT CARE. (2) Campaigns.--A State that receives a grant under this section shall carry out the following: (A) Make the findings of the survey conducted under the grant public. (B) Use the findings to develop a strategic action plan to increase the number of trained examiners available in the State and create policies to increase survivor access to trained examiners. (ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. 102. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT EXAMINER WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT PROGRAM. Such pilot program shall be 2 years in duration. (C) A nurse midwife. (D) A physician assistant. (E) A certified nurse specialist. (F) A registered nurse. (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. (c) Availability.--After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all SAFEs, SANEs, and other providers employed by, or any individual providing services through, facilities that receive Federal funding. (e) Authorization.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2023. 103. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women's Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the ``Agencies''), shall submit to the Secretary a report of existing Federal and State practices relating to SAFEs, SANEs, and others who perform such examinations which reflects the findings of the surveys developed under section 101. (b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. Such maps shall clarify if there is full-time, part-time, or on-call coverage. 104. HOSPITAL REPORTING. TITLE II--STANDARDS OF CARE SEC. 201. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. 202. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. 203. 296j et seq.) is amended by adding at the end the following: ``SEC. 812. ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be-- ``(A) a rural health care services provider or community-based service provider (as defined by the Secretary), a center or clinic under section 330, or a health center receiving assistance under title X, acting in partnership with a high-volume emergency services provider or a hospital currently providing sexual assault medical forensic examinations performed by SANEs or SAFEs, that will use grant funds to-- ``(i) assign rural health care service providers to the high-volume hospitals for clinical practicum hours to qualify such providers as a SAFE/SANE; or ``(ii) assign practitioners at high-volume hospitals to a rural health care services providers to instruct, oversee, and approve clinical practicum hours in the community to be served; or ``(B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Act, that provides legal training and technical assistance to tribal communities and to organizations and agencies serving Native people; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of whether the applicant will provide services under subparagraph (A) or (B) of paragraph (1). A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. 204. 812A. TECHNICAL ASSISTANCE CENTER AND REGIONAL LEARNING COLLECTIVES. ``(c) Repository.--The Secretary shall establish and maintain a secure Internet-based data repository to serve as an online learning collective for State and entity collaborations. 205. SEC. 206. OVERSIGHT. Such report shall address hospital awareness of reimbursements, total reimbursed costs, and any costs for survivors.

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). ( (5) SANE.--The term ``sexual assault nurse examiner'' or ``SANE'' means a registered nurse who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. ( 7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. ( c) Eligibility.--To be eligible to receive a grant under this section, a State shall-- (1) have public, private, or nonprofit hospitals that receive Federal funding; and (2) submit to the Secretary an application through a competitive process to be determined by the Secretary. (d) Public Dissemination and Campaign.-- (1) Public availability.--The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. ( C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including MFEs, in the State. ( (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2021 through 2026. a) Purpose.--It is the purpose of this section to establish a pilot program to develop, test, and implement training and continuing education which expands and supports the availability of SAFE, SAE, and SANE, providers and services for survivors of sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( C) A nurse midwife. ( (G) A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements. ( 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( c) Publication.-- (1) AHRQ.--The Agency for Healthcare Research and Quality shall establish, maintain, and publish on the website of the Department of Health and Human Services an online public map of SAFE, SANE, and other forensic medical examiners. Such maps shall clarify if there is full-time, part-time, or on-call coverage. ( Not later than 1 year after the date of enactment of this Act, and annually thereafter, a hospital that receives Federal funds shall submit to the Secretary a report that identifies the level of community access provided by the hospital to trained SAFEs, SARTs, SANEs, and others who perform such examinations. NATIONAL SEXUAL ASSAULT CARE AND TREATMENT TASK FORCE. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( e) Annual Summit.--The Secretary shall convene an annual stakeholder meeting to address gaps in health care provider care relating to sexual assault that includes the Task Force. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(c) Grants.--Under the program, the Secretary shall award 3-year grants to eligible entities that meet the requirements established by the Secretary. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $11,000,000 for each of fiscal years 2021 through 2026. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). ``(b) Regional Learning Collectives.--The Secretary shall convene State and hospital regional learning collectives to assist health care providers and States in sharing best practices, discussing practices, and improving the quality of, and access to, MFEs. with respect to access to, and reimbursements for, sexual assault medical forensic examinations at the national, State, and individual hospital level. Such report shall address hospital awareness of reimbursements, total reimbursed costs, and any costs for survivors.

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. 2) MFE.--The term ``medical forensic examination'' or ``MFE'' means an examination provided to a sexual assault survivor by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. ( UNDERSTANDING SEXUAL ASSAULT CARE. (a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( d) Public Dissemination and Campaign.-- (1) Public availability.--The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. ( (C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including MFEs, in the State. ( ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( C) A nurse midwife. ( (d) Effective Date.-- (1) In general.--The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment. ( 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( Such maps shall clarify if there is full-time, part-time, or on-call coverage. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( e) Annual Summit.--The Secretary shall convene an annual stakeholder meeting to address gaps in health care provider care relating to sexual assault that includes the Task Force. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(2) Set-aside.--Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian tribes or tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. 2) MFE.--The term ``medical forensic examination'' or ``MFE'' means an examination provided to a sexual assault survivor by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. ( UNDERSTANDING SEXUAL ASSAULT CARE. (a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( d) Public Dissemination and Campaign.-- (1) Public availability.--The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis. ( (C) Use the findings to develop and implement a public awareness campaign that includes the following: (i) An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including MFEs, in the State. ( ii) A Model Standard Response Protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( C) A nurse midwife. ( (d) Effective Date.-- (1) In general.--The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment. ( 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( Such maps shall clarify if there is full-time, part-time, or on-call coverage. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( e) Annual Summit.--The Secretary shall convene an annual stakeholder meeting to address gaps in health care provider care relating to sexual assault that includes the Task Force. Each institution of higher education that receives Federal funds shall-- (1) inform survivors of sexual assault about the availability of MFEs, including the nearest available locations at which such examinations are provided by a SANE and that Federal law requires such exams to be provided at no cost to the survivor; and (2) make the information described in paragraph (1) available on the website of the institution, to the extent practicable. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(2) Set-aside.--Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian tribes or tribal organizations (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.''. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). ( ( ( (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2021 through 2026. 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). ( ( ( (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2021 through 2026. 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. In this Act: (1) Community health aide and community health practitioner.--The terms ``community health aide'' and ``community health practitioner'' have the meanings within the meaning of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l). ( ( ( (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2021 through 2026. 2) Authority for modifications.--Upon termination of the pilot program as provided for in paragraph (1), the Secretary or the Task Force established under section 201 may implement modifications relating to training and continuing education requirements based on such program to increase access to SANE and SAFE services for survivors of sexual assault. ( b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( d) Transparency Requirements.-- (1) In general.--Not later than 1 year after first convening, the Task Force shall report to the Secretary in a public document on-- (A) the recommendation for best practices with respect to improving medical forensic evidence collection relating to sexual assault; and (B) the national minimum standards for MFEs and treatments relating to sexual assault. ( ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(e) Grant Amount.--Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. a) Purpose.--It is the purpose of this section to identify areas for improvement in health care delivery systems providing services to survivors of sexual assault. ( 3) Eligibility to participate in pilot programs.--The Secretary shall ensure that SAFE or SANE services provided under the pilot program established under paragraph (1), and other medical forensic examiner services under the pilot program shall be provided by health care providers who are also one of the following: (A) A physician, including a resident physician. ( ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to expand access to SAFE/SANE services by providing new providers with the clinical training necessary to establish and maintain competency in SAFE/SANE services and to test the provisions of such services at new facilities in expanded health care settings. ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others). The Secretary shall identify SAFE/SANE access and quality in hospitals and other appropriate health care facilities as a national priority for improvement under section 399HH(a)(2) of the Public Health Service Act (42 U.S.C. 280j(a)(2)).

To plan, develop, and make recommendations to increase access to sexual assault examinations for survivors by holding hospitals accountable and supporting the providers that serve them. b) Core Competencies.--In conducting activities under this section, the Agencies shall address SAFE or SANE competencies, including-- (1) providing comprehensive medical care to sexual assault patients; (2) demonstrating the ability to conduct a MFE to include an evaluation for evidence collection; (3) showing compassion and sensitivity towards survivors of sexual assault; (4) testifying in Federal, State, local, and tribal courts; and (5) other competencies as determined appropriate by the Agencies. ( a) Establishment.--The Secretary shall establish a task force to be known as the ``SASCA Task Force'' (referred to in this section as the ``Task Force'') to identify barriers to improving access to SAFE/ SANE and other forensic medical examiners. ( ``(a) In General.--The Secretary shall establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, MFEs by entering into contracts with national experts (such as the International Forensic Nurses Association and others).

Survivors' Access to Supportive Care Act or SASCA - Directs the Secretary of Health and Human Services (HHS) to award grants to states to develop and implement state surveys to identify: (1) the availability of and patient access to trained sexual assault nurse examiner (SAE) and sexual assault forensic examiner (SANE) providers; (2) hospitals or clinics Directs the Secretary of Health and Human Services (HHS) to establish a National Continuing and Clinical Education Pilot Program for sexual assault forensic examiners (SAFEs) and other individuals who perform such examinations in consultation with the Department of Justice, the Centers for Medicare & Medicaid Services (CMS) and the Health Resources and Services Administration (HRSA), the Indian Health Service, the Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish the Sexual Assault Forensic Medical Examiner Task Force to identify barriers to improving access to SAFE/SANE and other forensic medical examiners. (Sec. 201) Requires the Task Force, to assist and standardize state-level efforts to improve medical forensic evidence collection relating to sexual assault, to: Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a State and provider technical resource center to provide technical assistance to health care providers to increase the quality of, and access to, medical forensic examinations (MFEs). Requires the Secretary to convene state and hospital regional learning collectives to share best practices, discussing practices, and

S.61

Crime and Law Enforcement

Pain-Capable Unborn Child Protection Act This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain-Capable Unborn Child Protection Act''. SEC. 2. LEGISLATIVE FINDINGS. Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks after fertilization. (2) By 8 weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling. (3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response. (4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. In the United States, surgery of this type is being performed by 20 weeks after fertilization and earlier in specialized units affiliated with children's hospitals. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain. (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain. (8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. (10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. (11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. (13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other. SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. (a) In General.--Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``Sec. 1532. Pain-capable unborn child protection ``(a) Unlawful Conduct.--Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). ``(b) Requirements for Abortions.-- ``(1) Assessment of the age of the unborn child.--The physician performing or attempting the abortion shall first make a determination of the probable post-fertilization age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post- fertilization age. ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(B) Exceptions.--Subparagraph (A) does not apply if-- ``(i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; ``(ii) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion-- ``(I) she has obtained counseling for the rape; or ``(II) she has obtained medical treatment for the rape or an injury related to the rape; or ``(iii) the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either-- ``(I) a government agency legally authorized to act on reports of child abuse; or ``(II) a law enforcement agency. ``(C) Requirement as to manner of procedure performed.--Notwithstanding the definitions of `abortion' and `attempt an abortion' in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(E) Children born alive after attempted abortions.--When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: ``(i) Degree of care required.--Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(iii) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. ``(F) Documentation requirements.-- ``(i) Documentation pertaining to adults.-- A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(ii) shall, prior to the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim's rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape. ``(ii) Documentation pertaining to minors.--A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(ii) Content of consent form.--The Informed Consent Authorization form shall be presented in person by the physician and shall consist of-- ``(I) a statement by the physician indicating the probable post- fertilization age of the pain-capable unborn child; ``(II) a statement that Federal law allows abortion after 20 weeks fetal age only if the mother's life is endangered by a physical disorder, physical illness, or physical injury, when the pregnancy was the result of rape, or an act of incest against a minor; ``(III) a statement that the abortion must be performed by the method most likely to allow the child to be born alive unless this would cause significant risk to the mother; ``(IV) a statement that in any case in which an abortion procedure results in a child born alive, Federal law requires that child to be given every form of medical assistance that is provided to children spontaneously born prematurely, including transportation and admittance to a hospital; ``(V) a statement that these requirements are binding upon the physician and all other medical personnel who are subject to criminal and civil penalties and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and ``(VI) affirmation that each signer has filled out the informed consent form to the best of their knowledge and understands the information contained in the form. ``(iii) Signatories required.--The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(I) Additional exceptions and requirements.-- ``(i) In cases of risk of death or major injury to the mother.--Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of-- ``(I) the death of the pregnant woman; or ``(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(II) State laws regarding parental involvement.--The physician who intends to perform an abortion on a minor under an exception provided by subparagraph (B) shall comply with any applicable State laws requiring parental involvement in a minor's decision to have an abortion. ``(c) Criminal Penalty.--Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; ``(B) statutory damages equal to three times the cost of the abortion; and ``(C) punitive damages. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(5) Attorneys fees for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(6) Awards against woman.--Except under paragraph (5), in a civil action under this subsection, no damages, attorney's fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. ``(2) Contents of summary.--The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B): ``(A) The probable post-fertilization age of the unborn child. ``(B) The method used to carry out the abortion. ``(C) The location where the abortion was conducted. ``(D) The exception under subsection (b)(2)(B) under which the abortion was conducted. ``(E) Any incident of live birth resulting from the abortion. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). ``(4) Public report.--The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or attempted. ``(g) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. ``(3) Counseling.--The term `counseling' means counseling provided by a counselor licensed by the State, or a victims rights advocate provided by a law enforcement agency. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(5) Fertilization.--The term `fertilization' means the fusion of human spermatozoon with a human ovum. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(7) Minor.--The term `minor' means an individual who has not attained the age of 18 years. ``(8) Perform.--The term `perform', with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. ``(9) Physician.--The term `physician' means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion. ``(10) Post-fertilization age.--The term `post- fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. ``(11) Probable post-fertilization age of the unborn child.--The term `probable post-fertilization age of the unborn child' means what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced. ``(12) Reasonable medical judgment.--The term `reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. ``(13) Unborn child.--The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1. ``(14) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item: ``1532. Pain-capable unborn child protection.''. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: ``74. Abortions............................................ 1531''. <all>

Pain-Capable Unborn Child Protection Act

A bill to amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.

Pain-Capable Unborn Child Protection Act

Sen. Graham, Lindsey

R

SC

This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

SHORT TITLE. 2. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling. SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. ``(E) Children born alive after attempted abortions.--When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: ``(i) Degree of care required.--Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(D) The exception under subsection (b)(2)(B) under which the abortion was conducted. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(7) Minor.--The term `minor' means an individual who has not attained the age of 18 years. ``(10) Post-fertilization age.--The term `post- fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. Abortions............................................ 1531''.

SHORT TITLE. 2. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(D) The exception under subsection (b)(2)(B) under which the abortion was conducted. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(10) Post-fertilization age.--The term `post- fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. Abortions............................................ 1531''.

SHORT TITLE. 2. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. 1532. ``(E) Children born alive after attempted abortions.--When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: ``(i) Degree of care required.--Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(I) Additional exceptions and requirements.-- ``(i) In cases of risk of death or major injury to the mother.--Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of-- ``(I) the death of the pregnant woman; or ``(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(D) The exception under subsection (b)(2)(B) under which the abortion was conducted. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(7) Minor.--The term `minor' means an individual who has not attained the age of 18 years. ``(10) Post-fertilization age.--The term `post- fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. Abortions............................................ 1531''.

SHORT TITLE. 2. LEGISLATIVE FINDINGS. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. 1532. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post- fertilization age. ``(E) Children born alive after attempted abortions.--When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: ``(i) Degree of care required.--Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. ``(ii) Documentation pertaining to minors.--A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(I) Additional exceptions and requirements.-- ``(i) In cases of risk of death or major injury to the mother.--Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of-- ``(I) the death of the pregnant woman; or ``(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. ``(iii) Rule of construction in cases of reports to law enforcement.--The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. ``(e) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(D) The exception under subsection (b)(2)(B) under which the abortion was conducted. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. ``(4) Public report.--The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(6) Medical treatment.--The term `medical treatment' means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. ``(7) Minor.--The term `minor' means an individual who has not attained the age of 18 years. ``(8) Perform.--The term `perform', with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. ``(10) Post-fertilization age.--The term `post- fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. Abortions............................................ 1531''.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks after fertilization. ( 2) By 8 weeks after fertilization, the unborn child reacts to touch. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. 9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. ( (11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier. ( 12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. ( In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post- fertilization age. ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(C) Requirement as to manner of procedure performed.--Notwithstanding the definitions of `abortion' and `attempt an abortion' in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(iii) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. ``(ii) Documentation pertaining to minors.--A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(iii) Signatories required.--The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(5) Attorneys fees for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. ``(4) Facility.--The term `facility' means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. ``(10) Post-fertilization age.--The term `post- fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. ``(14) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. ( (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: ``74. Abortions............................................ 1531''.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks after fertilization. ( 2) By 8 weeks after fertilization, the unborn child reacts to touch. (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. ( 10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. ( In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post- fertilization age. ``(2) Prohibition on performance of certain abortions.-- ``(A) Generally for unborn children 20 weeks or older.--Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(ii) Documentation pertaining to minors.--A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(iii) Signatories required.--The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. ``(iv) Retention of consent form.--The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient's medical file. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(ii) Exclusion of certain facilities.-- Notwithstanding the definitions of the terms `medical treatment' and `counseling' in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(6) Awards against woman.--Except under paragraph (5), in a civil action under this subsection, no damages, attorney's fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. ``(g) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. ``(11) Probable post-fertilization age of the unborn child.--The term `probable post-fertilization age of the unborn child' means what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced. 2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: ``74.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. 2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: ``74.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks after fertilization. ( ( In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post- fertilization age. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. ``(14) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. ( (

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. 2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: ``74.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks after fertilization. ( ( In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post- fertilization age. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(iv) Compliance with certain state laws.-- ``(I) State laws regarding reporting of rape and incest.--The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State's Attorney General may designate, regarding reporting requirements in cases of rape or incest. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. ``(14) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. ( (

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. 2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: ``74.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(ii) Immediate admission to a hospital.-- Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(f) Data Collection.-- ``(1) Data submissions.--Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the `Center') not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. 2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows: ``74.

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes. ``(D) Requirement that a physician trained in neonatal resuscitation be present.--If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). ``(G) Informed consent.-- ``(i) Consent form required.--The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. ``(H) Requirement for data retention.--Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient's medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient's medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Exclusions from data submissions.--A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).

Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to make it unlawful for any person to perform or attempt to perform an abortion, unless in conformity with specified requirements, including that the physician first make an accurate determination of the age of a child before performing or attempting to perform such an abortion and consider other factors, including: (1) the probable Prohibits a physician from terminating or attempting to terminate a pregnancy under an exception to Federal law allowing abortion after 20 weeks fetal age only if the mother's life is endangered by a physical disorder, physical illness, or physical injury, when the pregnancy was the result of rape, or an act of incest against a minor. (Currently, the exception applies to abortions performed after 20 Prohibits the provision of medical counseling or medical treatment from being provided by a facility that performs abortions unless the physician: (1) reports the rape or incest to a law enforcement agency or Department of Defense victim assistance personnel prior to the abortion; (2) intends to perform an abortion on a minor; and (3) requires parental involvement in the minor's decision to have an abortion Amends the federal criminal code to define abortion as conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (Currently, abortion is defined as a medical procedure that results in the termination of the life of the mother.) (Sec. 2) Amends the Federal criminal code with respect

H.R.7688

Commerce

Consumer Fuel Price Gouging Prevention Act This bill prohibits any person from selling, during a proclaimed energy emergency, a consumer fuel at a price that (1) is unconscionably excessive, and (2) indicates that the seller is exploiting the emergency to increase prices unreasonably. The President may issue a proclamation of such an emergency that specifies the consumer fuel and geographic area covered and how long the proclamation applies. The bill provides for enforcement of these provisions by the Federal Trade Commission and state attorneys general. Civil penalties collected by the commission through such enforcement must be used to provide assistance under the Low Income Home Energy Assistance Program. Additionally, the commission must investigate whether the price of gasoline is being manipulated through reducing refinery capacity or other manipulative practices. The commission also must establish a Transportation Fuel Monitoring and Enforcement Unit to collect, monitor, and analyze crude oil and transportation fuel market data. The bill further includes specified transportation fuels within the prohibitions against (1) manipulative market practices, and (2) reporting false price information. It also increases the penalty for violations of those prohibitions. Finally, the Energy Information Administration must survey energy companies to facilitate transparent and competitive crude oil and transportation fuel markets.

To protect consumers from price-gouging of consumer fuels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Fuel Price Gouging Prevention Act''. SEC. 2. UNCONSCIONABLE PRICING OF CONSUMER FUELS DURING EMERGENCIES. (a) Unconscionable Pricing.-- (1) In general.--It shall be unlawful for any person to sell a consumer fuel, at wholesale or retail, in an area and during a period of an energy emergency covered by a proclamation issued under paragraph (2) at a price that-- (A) is unconscionably excessive; and (B) indicates the seller is exploiting the circumstances related to an energy emergency to increase prices unreasonably. (2) Energy emergency proclamation.-- (A) In general.--The President may issue an energy emergency proclamation for any area within the jurisdiction of the United States, during which the prohibition in paragraph (1) shall apply, that includes the geographic area covered, the consumer fuel covered, and the time period that such proclamation shall be in effect. (B) Duration.--The proclamation-- (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week before a reasonably foreseeable emergency. (3) Factors considered.-- (A) In general.--In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors, the aggravating factors described in subparagraph (B) and the mitigating factor described in subparagraph (C). (B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. (ii) Whether the amount charged by such person grossly exceeds the price at which the same or a similar consumer fuel was readily obtainable in the same area from other sellers during the energy emergency period. (C) Mitigating factor.--The mitigating factor described in this subparagraph is whether the quantity of any consumer fuel such person produced, distributed, or sold in an area covered by the proclamation during the 30-day period following the date on which the proclamation was issued increased over the quantity such person produced, distributed, or sold during the 30-day period before the date on which the proclamation was issued, taking into account any usual seasonal demand variation. (b) Affirmative Defense.--It shall be an affirmative defense in any civil action or administrative action to enforce subsection (a), with respect to the sale, at wholesale or retail, of a consumer fuel by a person, that the increase in the price of such consumer fuel reasonably reflects additional costs that were paid, incurred, or reasonably anticipated by such person, or reasonably reflects additional risks taken by such person, to produce, distribute, obtain, or sell such consumer fuel under the circumstances. (c) Rule of Construction.--This section may not be construed to cover a transaction on a futures market. (d) Enforcement.-- (1) Federal trade commission.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this section. In enforcing subsection (a), the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of consumer fuels in excess of $500,000,000 per year. (2) Enforcement at retail level by state attorneys general.-- (A) In general.--If the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating subsection (a) involving a retail sale, the attorney general, official, or agency of the State, in addition to any authority it may have to bring an action in State court under its laws, may bring a civil action in any appropriate United States district court or in any other court of competent jurisdiction to-- (i) enjoin further such violation by such person; (ii) enforce compliance with such subsection; (iii) obtain civil penalties; and (iv) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice.--The State shall serve written notice to the Commission of any civil action under subparagraph (A) before initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (C) Authority to intervene.--Upon receipt of the notice required by subparagraph (B), the Commission may intervene in such civil action and upon intervening-- (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such civil action. (D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (E) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action or an administrative action for violation of subsection (a), a State attorney general, or official or agency of a State, may not bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission or another agency for any violation of this Act alleged in the complaint. (F) Rule of construction.--This paragraph may not be construed to prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. (e) Low Income Energy Assistance.-- (1) Deposit of funds.--Amounts collected in any penalty under subsection (d)(1) shall be deposited in a separate fund in the Treasury to be known as the Consumer Relief Trust Fund. (2) Use of funds.--To the extent provided for in advance in appropriations Acts, the amounts deposited into the fund shall be used to provide assistance under the Low Income Home Energy Assistance Program described in section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) administered by the Secretary of Health and Human Services and the Weatherization Assistance Program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) administered by the Secretary of Energy. (f) Effect on Other Laws.-- (1) Other authority of commission.--Nothing in this section may be construed to limit the authority of the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (2) State law.--Nothing in this section preempts any State law. (g) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer fuel.--The term ``consumer fuel'' includes gasoline, distillate fuel oil, jet fuel, liquid propane, aviation gasoline, compressed natural gas, and biofuel (including ethanol, biomass-based diesel, and renewable blending components) used for transportation fuels, and home heating oil and liquid propane used for residential heating or residential energy generation. (3) Retail.--The term ``retail'', with respect to the sale of a consumer fuel, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. (4) Wholesale.--The term ``wholesale'', with respect to the sale of a consumer fuel, means sale to any person for resale. SEC. 3. AMENDMENTS TO THE PROHIBITIONS ON MARKET MANIPULATION AND FALSE INFORMATION PROVISIONS OF THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007. (a) Application to Transportation Fuel.--Subtitle B of title VIII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17301 et seq.) is amended-- (1) in section 811, by striking ``gasoline or petroleum distillates'' and inserting ``or transportation fuel''; (2) in section 812-- (A) in the matter preceding paragraph (1), by striking ``gasoline or petroleum distillates'' and inserting ``or transportation fuel''; and (B) in paragraph (3), by striking ``, gasoline, or petroleum distillates'' and inserting ``or transportation fuel''; and (3) by adding at the end the following new section: ``SEC. 816. DEFINITION OF TRANSPORTATION FUEL. ``In this subtitle, the term `transportation fuel' includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components).''. (b) Prohibition on False Information.--Section 812 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17302) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``wholesale'' and inserting ``supply of, operational actions related to, output related to, or wholesale''; and (B) by striking ``to a Federal department or agency''; (2) in paragraph (1), by adding ``and'' at the end; (3) by striking paragraph (2) and redesignating paragraph (3), as amended by subsection (a), as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking ``the person intended the false or misleading data to affect data compiled by the department or agency'' and inserting ``the false or misleading information reported by the person affected analyses or data compiled by a Federal department or agency or a private sector price-reporting agency''. (c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17303(a)) is amended by striking ``This subtitle'' and inserting ``Except as otherwise provided in section 814, this subtitle''. (d) Penalties.--Section 814 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17304) is amended-- (1) in subsection (a), by striking ``$1,000,000'' and inserting ``$2,000,000''; and (2) in subsection (b), by striking ``section 5 of the Federal Trade Commission Act (15 U.S.C. 45)'' and inserting ``section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)(A))''. SEC. 4. TRANSPORTATION FUEL MARKET TRANSPARENCY. Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding at the end the following: ``(n) Transportation Fuel Market Transparency.-- ``(1) Definitions.--In this subsection: ``(A) Energy company.--The term `energy company' means a person (as defined in section 11(e) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(e))) that-- ``(i) owns or controls commercial amounts of crude oil or transportation fuel; or ``(ii) is engaged in-- ``(I) exploration for, or development of, crude oil; ``(II) extraction of crude oil; ``(III) refining or otherwise processing crude oil or transportation fuel; ``(IV) commercial storage of crude oil or transportation fuel; ``(V) transportation by any means of commercial amounts of crude oil or transportation fuel; or ``(VI) wholesale or retail distribution of crude oil or transportation fuel. ``(B) Transportation fuel.--The term `transportation fuel' means-- ``(i) gasoline; ``(ii) distillate fuels, including heating oil; ``(iii) jet fuel; ``(iv) aviation gasoline; and ``(v) biofuel, including ethanol, biomass- based diesel and distillates, and renewable blending components. ``(2) Purpose.--The purpose of this subsection is to collect data necessary to facilitate transparent and competitive transportation fuel markets, determine adherence to relevant international sanctions, and protect consumers. ``(3) Surveys.-- ``(A) In general.--The Administrator shall conduct surveys of energy companies to collect detailed and timely information on United States crude oil and transportation fuel markets. ``(B) Exemption.--The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. ``(4) Data collected.-- ``(A) In general.--The surveys conducted under paragraph (3) shall collect information on a national, regional, State, and energy company basis. ``(B) Information.--The surveys conducted under paragraph (3) shall collect the following information with respect to crude oil and transportation fuel, as applicable: ``(i) The quantity of crude oil and transportation fuel imported and exported. ``(ii) The quantity of crude oil and transportation fuel refined, stored, and transported. ``(iii) The quantity of crude oil and transportation fuel entering final retail and commercial commerce. ``(iv) The quantity of crude oil and transportation fuel purchased and sold at any upstream point between energy companies, including off-exchange bilateral sales and sales between subsidiaries of the same energy company. ``(v) Market price data for the transactions described in clauses (i) through (iv). ``(vi) Submissions to relevant price reporting entities. ``(vii) Any other such data, analyses, or evaluations that the Administrator determines is necessary to achieve the purpose described in paragraph (2). ``(C) Origin of fuel.--In obtaining the information described in subparagraph (B), the Administrator shall, to the maximum extent practicable, track and publish the country of original production of crude oil and transportation fuel that may have been resold, refined, blended, stored, or otherwise been exchanged or sold before being imported or exported into the United States. ``(D) Other sources.--The Administrator may, when practicable and determined reliable by the Administrator, obtain information described in subparagraph (B) from private price publishers and providers of trade processing services. ``(5) Minimizing reporting burdens.--The Administrator shall seek to minimize any burdens on energy companies in reporting information to the Administrator, including by automating data submission practices for data collected under the surveys conducted under paragraph (3). ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(B) Geographical specificity.--Analyses published under subparagraph (A)-- ``(i) shall be geographically specific enough to provide meaningful differentiation between fuel markets; and ``(ii) shall not organize geographical data in the form of Petroleum Administration for Defense Districts or other geographic aggregations lacking sufficient resolution to ascertain regionally specific market trends or disparities. ``(C) Nondisclosure.--Any analysis published under subparagraph (A) shall not disclose matters exempted from mandatory disclosure under section 552(b) of title 5, United States Code. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. ``(B) Other federal agencies.--The Administrator may enter into data-sharing agreements with other Federal agencies that have energy-related policy decision-making responsibilities, including the Commodity Futures Trading Commission, the Federal Energy Regulatory Commission, and the Securities and Exchange Commission. ``(8) Authorization of appropriations.--There are authorized to be appropriated to the Administrator to carry out this section such sums as are necessary for each of fiscal years 2022 through 2027.''. SEC. 5. FTC INVESTIGATION AND REPORT ON GASOLINE PRICES. (a) Investigation.-- (1) In general.--The Federal Trade Commission shall conduct an investigation to determine if the price of gasoline is being manipulated by reducing refinery capacity or by any other form of market manipulation or artificially increased by price gouging practices. (2) Consideration.--In conducting the investigation under paragraph (1), the Federal Trade Commission may consider the impact of mergers and acquisitions in the oil and gas industry, including mergers and acquisitions involving producers, refiners, transporters, and gas stations. (b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. (c) Exemption From Paperwork Reduction Act.--Chapter 35 of title 44, United States Code, shall not apply to the collection of information under subsection (a). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Federal Trade Commission to carry out this section $1,000,000 for fiscal year 2023. SEC. 6. TRANSPORTATION FUEL MONITORING AND ENFORCEMENT WITHIN THE FEDERAL TRADE COMMISSION. (a) Establishment of the Transportation Fuel Monitoring and Enforcement Unit.-- (1) In general.--The Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the ``Unit''). (2) Duties of the unit.-- (A) Primary responsibility.--The primary responsibility of the Unit shall be to assist the Commission in protecting the public interest by continuously and comprehensively collecting, monitoring, and analyzing crude oil and transportation fuel market data in order to-- (i) support transparent and competitive market practices; (ii) identify any market manipulation, reporting of false information, use of market power to disadvantage consumers, or other unfair method of competition; and (iii) facilitate enforcement of penalties against persons in violation of relevant statutory prohibitions. (B) Specific duties.--In order to carry out the responsibility under subparagraph (A), the Unit shall assist the Commission in carrying out the following duties: (i) Receiving, compiling, and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and suspicious behavior. (ii) Determining whether excessive concentration or exclusive control of energy- related infrastructure may allow or result in anti-competitive behaviors. (iii) Gathering evidence of wrongdoing against any person in violation of the statutory prohibitions on market manipulation and false information established in, and consistent with, subtitle B of title VIII of the Energy Independence and Security Act of 2007 or any other applicable provisions of the Federal Trade Commission Act (15 U.S.C. 45 et seq.). (iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act (42 U.S.C. 7135). (v) Obtaining data-sharing agreements with the Commodities Futures Trading Commission, the Federal Energy Regulatory Commission, and as necessary and practicable, State energy offices or commissions, and relevant public and private data sources that will allow the Commission to receive and archive information on-- (I) crude oil and transportation fuel buying and selling activity; (II) individual physical and financial market positions of market participants regarding crude oil and transportation fuel; (III) refinery output, capacity, and inventory levels of crude oil and transportation fuel; (IV) imports and exports of crude oil and transportation fuel within regions and at levels that could impact prices faced by consumers; (V) public announcements by energy companies of planned pricing or output decisions regarding crude oil and transportation fuel; and (VI) other relevant market information that will facilitate the gathering of evidence described in clause (iii), including sufficient market information necessary to monitor for cross-market manipulations that may include multiple financial and physical market positions. (vi) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A). (b) Definitions.--In this section: (1) Commission.--Other than in subsection (a)(2)(B)(v), the term ``Commission'' means the Federal Trade Commission. (2) Transportation fuel.--The term ``transportation fuel'' includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components). (c) Regulations.--Not later than 90 days after the date of enactment of this Act, the Commission shall promulgate regulations to carry out this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Commission such sums as may be necessary for each of fiscal years 2022 through 2027 to carry out this section. Passed the House of Representatives May 19, 2022. Attest: Clerk. 117th CONGRESS 2d Session H. R. 7688 _______________________________________________________________________

Consumer Fuel Price Gouging Prevention Act

To protect consumers from price-gouging of consumer fuels, and for other purposes.

Consumer Fuel Price Gouging Prevention Act Consumer Fuel Price Gouging Prevention Act

Rep. Schrier, Kim

D

WA

This bill prohibits any person from selling, during a proclaimed energy emergency, a consumer fuel at a price that (1) is unconscionably excessive, and (2) indicates that the seller is exploiting the emergency to increase prices unreasonably. The President may issue a proclamation of such an emergency that specifies the consumer fuel and geographic area covered and how long the proclamation applies. The bill provides for enforcement of these provisions by the Federal Trade Commission and state attorneys general. Civil penalties collected by the commission through such enforcement must be used to provide assistance under the Low Income Home Energy Assistance Program. Additionally, the commission must investigate whether the price of gasoline is being manipulated through reducing refinery capacity or other manipulative practices. The commission also must establish a Transportation Fuel Monitoring and Enforcement Unit to collect, monitor, and analyze crude oil and transportation fuel market data. The bill further includes specified transportation fuels within the prohibitions against (1) manipulative market practices, and (2) reporting false price information. It also increases the penalty for violations of those prohibitions. Finally, the Energy Information Administration must survey energy companies to facilitate transparent and competitive crude oil and transportation fuel markets.

SHORT TITLE. This Act may be cited as the ``Consumer Fuel Price Gouging Prevention Act''. UNCONSCIONABLE PRICING OF CONSUMER FUELS DURING EMERGENCIES. (B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. (B) Notice.--The State shall serve written notice to the Commission of any civil action under subparagraph (A) before initiating such civil action. (e) Low Income Energy Assistance.-- (1) Deposit of funds.--Amounts collected in any penalty under subsection (d)(1) shall be deposited in a separate fund in the Treasury to be known as the Consumer Relief Trust Fund. or any other provision of law. DEFINITION OF TRANSPORTATION FUEL. ``In this subtitle, the term `transportation fuel' includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components).''. 17302) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``wholesale'' and inserting ``supply of, operational actions related to, output related to, or wholesale''; and (B) by striking ``to a Federal department or agency''; (2) in paragraph (1), by adding ``and'' at the end; (3) by striking paragraph (2) and redesignating paragraph (3), as amended by subsection (a), as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking ``the person intended the false or misleading data to affect data compiled by the department or agency'' and inserting ``the false or misleading information reported by the person affected analyses or data compiled by a Federal department or agency or a private sector price-reporting agency''. (c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. ``(3) Surveys.-- ``(A) In general.--The Administrator shall conduct surveys of energy companies to collect detailed and timely information on United States crude oil and transportation fuel markets. ``(iii) The quantity of crude oil and transportation fuel entering final retail and commercial commerce. ``(vi) Submissions to relevant price reporting entities. 5. FTC INVESTIGATION AND REPORT ON GASOLINE PRICES. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Federal Trade Commission to carry out this section $1,000,000 for fiscal year 2023. SEC. 6. 45 et seq.). 7135). (b) Definitions.--In this section: (1) Commission.--Other than in subsection (a)(2)(B)(v), the term ``Commission'' means the Federal Trade Commission.

SHORT TITLE. This Act may be cited as the ``Consumer Fuel Price Gouging Prevention Act''. (B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. (B) Notice.--The State shall serve written notice to the Commission of any civil action under subparagraph (A) before initiating such civil action. or any other provision of law. DEFINITION OF TRANSPORTATION FUEL. ``In this subtitle, the term `transportation fuel' includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components).''. 17302) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``wholesale'' and inserting ``supply of, operational actions related to, output related to, or wholesale''; and (B) by striking ``to a Federal department or agency''; (2) in paragraph (1), by adding ``and'' at the end; (3) by striking paragraph (2) and redesignating paragraph (3), as amended by subsection (a), as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking ``the person intended the false or misleading data to affect data compiled by the department or agency'' and inserting ``the false or misleading information reported by the person affected analyses or data compiled by a Federal department or agency or a private sector price-reporting agency''. (c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. ``(3) Surveys.-- ``(A) In general.--The Administrator shall conduct surveys of energy companies to collect detailed and timely information on United States crude oil and transportation fuel markets. 5. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Federal Trade Commission to carry out this section $1,000,000 for fiscal year 2023. SEC. 45 et seq.). (b) Definitions.--In this section: (1) Commission.--Other than in subsection (a)(2)(B)(v), the term ``Commission'' means the Federal Trade Commission.

SHORT TITLE. This Act may be cited as the ``Consumer Fuel Price Gouging Prevention Act''. UNCONSCIONABLE PRICING OF CONSUMER FUELS DURING EMERGENCIES. (B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. (B) Notice.--The State shall serve written notice to the Commission of any civil action under subparagraph (A) before initiating such civil action. (F) Rule of construction.--This paragraph may not be construed to prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. (e) Low Income Energy Assistance.-- (1) Deposit of funds.--Amounts collected in any penalty under subsection (d)(1) shall be deposited in a separate fund in the Treasury to be known as the Consumer Relief Trust Fund. administered by the Secretary of Energy. or any other provision of law. DEFINITION OF TRANSPORTATION FUEL. ``In this subtitle, the term `transportation fuel' includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components).''. 17302) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``wholesale'' and inserting ``supply of, operational actions related to, output related to, or wholesale''; and (B) by striking ``to a Federal department or agency''; (2) in paragraph (1), by adding ``and'' at the end; (3) by striking paragraph (2) and redesignating paragraph (3), as amended by subsection (a), as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking ``the person intended the false or misleading data to affect data compiled by the department or agency'' and inserting ``the false or misleading information reported by the person affected analyses or data compiled by a Federal department or agency or a private sector price-reporting agency''. (c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. ``(3) Surveys.-- ``(A) In general.--The Administrator shall conduct surveys of energy companies to collect detailed and timely information on United States crude oil and transportation fuel markets. ``(iii) The quantity of crude oil and transportation fuel entering final retail and commercial commerce. ``(v) Market price data for the transactions described in clauses (i) through (iv). ``(vi) Submissions to relevant price reporting entities. ``(vii) Any other such data, analyses, or evaluations that the Administrator determines is necessary to achieve the purpose described in paragraph (2). ``(B) Geographical specificity.--Analyses published under subparagraph (A)-- ``(i) shall be geographically specific enough to provide meaningful differentiation between fuel markets; and ``(ii) shall not organize geographical data in the form of Petroleum Administration for Defense Districts or other geographic aggregations lacking sufficient resolution to ascertain regionally specific market trends or disparities. 5. FTC INVESTIGATION AND REPORT ON GASOLINE PRICES. (2) Consideration.--In conducting the investigation under paragraph (1), the Federal Trade Commission may consider the impact of mergers and acquisitions in the oil and gas industry, including mergers and acquisitions involving producers, refiners, transporters, and gas stations. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Federal Trade Commission to carry out this section $1,000,000 for fiscal year 2023. SEC. 6. (2) Duties of the unit.-- (A) Primary responsibility.--The primary responsibility of the Unit shall be to assist the Commission in protecting the public interest by continuously and comprehensively collecting, monitoring, and analyzing crude oil and transportation fuel market data in order to-- (i) support transparent and competitive market practices; (ii) identify any market manipulation, reporting of false information, use of market power to disadvantage consumers, or other unfair method of competition; and (iii) facilitate enforcement of penalties against persons in violation of relevant statutory prohibitions. 45 et seq.). 7135). (b) Definitions.--In this section: (1) Commission.--Other than in subsection (a)(2)(B)(v), the term ``Commission'' means the Federal Trade Commission. Passed the House of Representatives May 19, 2022. 117th CONGRESS 2d Session H. R. 7688 _______________________________________________________________________

SHORT TITLE. This Act may be cited as the ``Consumer Fuel Price Gouging Prevention Act''. UNCONSCIONABLE PRICING OF CONSUMER FUELS DURING EMERGENCIES. (2) Energy emergency proclamation.-- (A) In general.--The President may issue an energy emergency proclamation for any area within the jurisdiction of the United States, during which the prohibition in paragraph (1) shall apply, that includes the geographic area covered, the consumer fuel covered, and the time period that such proclamation shall be in effect. (B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. (b) Affirmative Defense.--It shall be an affirmative defense in any civil action or administrative action to enforce subsection (a), with respect to the sale, at wholesale or retail, of a consumer fuel by a person, that the increase in the price of such consumer fuel reasonably reflects additional costs that were paid, incurred, or reasonably anticipated by such person, or reasonably reflects additional risks taken by such person, to produce, distribute, obtain, or sell such consumer fuel under the circumstances. (B) Notice.--The State shall serve written notice to the Commission of any civil action under subparagraph (A) before initiating such civil action. (F) Rule of construction.--This paragraph may not be construed to prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. (e) Low Income Energy Assistance.-- (1) Deposit of funds.--Amounts collected in any penalty under subsection (d)(1) shall be deposited in a separate fund in the Treasury to be known as the Consumer Relief Trust Fund. administered by the Secretary of Energy. or any other provision of law. 816. DEFINITION OF TRANSPORTATION FUEL. ``In this subtitle, the term `transportation fuel' includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components).''. 17302) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``wholesale'' and inserting ``supply of, operational actions related to, output related to, or wholesale''; and (B) by striking ``to a Federal department or agency''; (2) in paragraph (1), by adding ``and'' at the end; (3) by striking paragraph (2) and redesignating paragraph (3), as amended by subsection (a), as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking ``the person intended the false or misleading data to affect data compiled by the department or agency'' and inserting ``the false or misleading information reported by the person affected analyses or data compiled by a Federal department or agency or a private sector price-reporting agency''. (c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. ``(3) Surveys.-- ``(A) In general.--The Administrator shall conduct surveys of energy companies to collect detailed and timely information on United States crude oil and transportation fuel markets. ``(iii) The quantity of crude oil and transportation fuel entering final retail and commercial commerce. ``(v) Market price data for the transactions described in clauses (i) through (iv). ``(vi) Submissions to relevant price reporting entities. ``(vii) Any other such data, analyses, or evaluations that the Administrator determines is necessary to achieve the purpose described in paragraph (2). ``(C) Origin of fuel.--In obtaining the information described in subparagraph (B), the Administrator shall, to the maximum extent practicable, track and publish the country of original production of crude oil and transportation fuel that may have been resold, refined, blended, stored, or otherwise been exchanged or sold before being imported or exported into the United States. ``(B) Geographical specificity.--Analyses published under subparagraph (A)-- ``(i) shall be geographically specific enough to provide meaningful differentiation between fuel markets; and ``(ii) shall not organize geographical data in the form of Petroleum Administration for Defense Districts or other geographic aggregations lacking sufficient resolution to ascertain regionally specific market trends or disparities. 5. FTC INVESTIGATION AND REPORT ON GASOLINE PRICES. (2) Consideration.--In conducting the investigation under paragraph (1), the Federal Trade Commission may consider the impact of mergers and acquisitions in the oil and gas industry, including mergers and acquisitions involving producers, refiners, transporters, and gas stations. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Federal Trade Commission to carry out this section $1,000,000 for fiscal year 2023. SEC. 6. (2) Duties of the unit.-- (A) Primary responsibility.--The primary responsibility of the Unit shall be to assist the Commission in protecting the public interest by continuously and comprehensively collecting, monitoring, and analyzing crude oil and transportation fuel market data in order to-- (i) support transparent and competitive market practices; (ii) identify any market manipulation, reporting of false information, use of market power to disadvantage consumers, or other unfair method of competition; and (iii) facilitate enforcement of penalties against persons in violation of relevant statutory prohibitions. (ii) Determining whether excessive concentration or exclusive control of energy- related infrastructure may allow or result in anti-competitive behaviors. 45 et seq.). 7135). (b) Definitions.--In this section: (1) Commission.--Other than in subsection (a)(2)(B)(v), the term ``Commission'' means the Federal Trade Commission. Passed the House of Representatives May 19, 2022. Attest: Clerk. 117th CONGRESS 2d Session H. R. 7688 _______________________________________________________________________

To protect consumers from price-gouging of consumer fuels, and for other purposes. a) Unconscionable Pricing.-- (1) In general.--It shall be unlawful for any person to sell a consumer fuel, at wholesale or retail, in an area and during a period of an energy emergency covered by a proclamation issued under paragraph (2) at a price that-- (A) is unconscionably excessive; and (B) indicates the seller is exploiting the circumstances related to an energy emergency to increase prices unreasonably. ( (3) Factors considered.-- (A) In general.--In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors, the aggravating factors described in subparagraph (B) and the mitigating factor described in subparagraph (C). ( B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( (b) Affirmative Defense.--It shall be an affirmative defense in any civil action or administrative action to enforce subsection (a), with respect to the sale, at wholesale or retail, of a consumer fuel by a person, that the increase in the price of such consumer fuel reasonably reflects additional costs that were paid, incurred, or reasonably anticipated by such person, or reasonably reflects additional risks taken by such person, to produce, distribute, obtain, or sell such consumer fuel under the circumstances. ( d) Enforcement.-- (1) Federal trade commission.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). B) Notice.--The State shall serve written notice to the Commission of any civil action under subparagraph (A) before initiating such civil action. C) Authority to intervene.--Upon receipt of the notice required by subparagraph (B), the Commission may intervene in such civil action and upon intervening-- (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such civil action. (D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ( E) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action or an administrative action for violation of subsection (a), a State attorney general, or official or agency of a State, may not bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission or another agency for any violation of this Act alleged in the complaint. ( (2) Use of funds.--To the extent provided for in advance in appropriations Acts, the amounts deposited into the fund shall be used to provide assistance under the Low Income Home Energy Assistance Program described in section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) administered by the Secretary of Health and Human Services and the Weatherization Assistance Program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) g) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. ( (3) Retail.--The term ``retail'', with respect to the sale of a consumer fuel, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. ( AMENDMENTS TO THE PROHIBITIONS ON MARKET MANIPULATION AND FALSE INFORMATION PROVISIONS OF THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007. ( c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17303(a)) is amended by striking ``This subtitle'' and inserting ``Except as otherwise provided in section 814, this subtitle''. ( d) Penalties.--Section 814 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17304) is amended-- (1) in subsection (a), by striking ``$1,000,000'' and inserting ``$2,000,000''; and (2) in subsection (b), by striking ``section 5 of the Federal Trade Commission Act (15 U.S.C. 45)'' and inserting ``section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)(A))''. ``(B) Transportation fuel.--The term `transportation fuel' means-- ``(i) gasoline; ``(ii) distillate fuels, including heating oil; ``(iii) jet fuel; ``(iv) aviation gasoline; and ``(v) biofuel, including ethanol, biomass- based diesel and distillates, and renewable blending components. ``(2) Purpose.--The purpose of this subsection is to collect data necessary to facilitate transparent and competitive transportation fuel markets, determine adherence to relevant international sanctions, and protect consumers. ``(B) Exemption.--The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. ``(4) Data collected.-- ``(A) In general.--The surveys conducted under paragraph (3) shall collect information on a national, regional, State, and energy company basis. ``(C) Origin of fuel.--In obtaining the information described in subparagraph (B), the Administrator shall, to the maximum extent practicable, track and publish the country of original production of crude oil and transportation fuel that may have been resold, refined, blended, stored, or otherwise been exchanged or sold before being imported or exported into the United States. ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(C) Nondisclosure.--Any analysis published under subparagraph (A) shall not disclose matters exempted from mandatory disclosure under section 552(b) of title 5, United States Code. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. (2) Consideration.--In conducting the investigation under paragraph (1), the Federal Trade Commission may consider the impact of mergers and acquisitions in the oil and gas industry, including mergers and acquisitions involving producers, refiners, transporters, and gas stations. ( b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. ( B) Specific duties.--In order to carry out the responsibility under subparagraph (A), the Unit shall assist the Commission in carrying out the following duties: (i) Receiving, compiling, and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and suspicious behavior. ( iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act (42 U.S.C. 7135). vi) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A). ( b) Definitions.--In this section: (1) Commission.--Other than in subsection (a)(2)(B)(v), the term ``Commission'' means the Federal Trade Commission. ( (c) Regulations.--Not later than 90 days after the date of enactment of this Act, the Commission shall promulgate regulations to carry out this section. ( Passed the House of Representatives May 19, 2022.

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( (C) Mitigating factor.--The mitigating factor described in this subparagraph is whether the quantity of any consumer fuel such person produced, distributed, or sold in an area covered by the proclamation during the 30-day period following the date on which the proclamation was issued increased over the quantity such person produced, distributed, or sold during the 30-day period before the date on which the proclamation was issued, taking into account any usual seasonal demand variation. ( d) Enforcement.-- (1) Federal trade commission.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). B) Notice.--The State shall serve written notice to the Commission of any civil action under subparagraph (A) before initiating such civil action. C) Authority to intervene.--Upon receipt of the notice required by subparagraph (B), the Commission may intervene in such civil action and upon intervening-- (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such civil action. ( (E) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action or an administrative action for violation of subsection (a), a State attorney general, or official or agency of a State, may not bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission or another agency for any violation of this Act alleged in the complaint. ( f) Effect on Other Laws.-- (1) Other authority of commission.--Nothing in this section may be construed to limit the authority of the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) (3) Retail.--The term ``retail'', with respect to the sale of a consumer fuel, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. ( AMENDMENTS TO THE PROHIBITIONS ON MARKET MANIPULATION AND FALSE INFORMATION PROVISIONS OF THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007. ( 17303(a)) is amended by striking ``This subtitle'' and inserting ``Except as otherwise provided in section 814, this subtitle''. ( ``(B) Exemption.--The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. ``(4) Data collected.-- ``(A) In general.--The surveys conducted under paragraph (3) shall collect information on a national, regional, State, and energy company basis. ``(iii) The quantity of crude oil and transportation fuel entering final retail and commercial commerce. ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(B) Geographical specificity.--Analyses published under subparagraph (A)-- ``(i) shall be geographically specific enough to provide meaningful differentiation between fuel markets; and ``(ii) shall not organize geographical data in the form of Petroleum Administration for Defense Districts or other geographic aggregations lacking sufficient resolution to ascertain regionally specific market trends or disparities. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. (b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. ( B) Specific duties.--In order to carry out the responsibility under subparagraph (A), the Unit shall assist the Commission in carrying out the following duties: (i) Receiving, compiling, and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and suspicious behavior. ( (iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act (42 U.S.C. 7135). ( c) Regulations.--Not later than 90 days after the date of enactment of this Act, the Commission shall promulgate regulations to carry out this section. (

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( (C) Mitigating factor.--The mitigating factor described in this subparagraph is whether the quantity of any consumer fuel such person produced, distributed, or sold in an area covered by the proclamation during the 30-day period following the date on which the proclamation was issued increased over the quantity such person produced, distributed, or sold during the 30-day period before the date on which the proclamation was issued, taking into account any usual seasonal demand variation. ( d) Enforcement.-- (1) Federal trade commission.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). B) Notice.--The State shall serve written notice to the Commission of any civil action under subparagraph (A) before initiating such civil action. C) Authority to intervene.--Upon receipt of the notice required by subparagraph (B), the Commission may intervene in such civil action and upon intervening-- (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such civil action. ( (E) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action or an administrative action for violation of subsection (a), a State attorney general, or official or agency of a State, may not bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission or another agency for any violation of this Act alleged in the complaint. ( f) Effect on Other Laws.-- (1) Other authority of commission.--Nothing in this section may be construed to limit the authority of the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) (3) Retail.--The term ``retail'', with respect to the sale of a consumer fuel, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. ( AMENDMENTS TO THE PROHIBITIONS ON MARKET MANIPULATION AND FALSE INFORMATION PROVISIONS OF THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007. ( 17303(a)) is amended by striking ``This subtitle'' and inserting ``Except as otherwise provided in section 814, this subtitle''. ( ``(B) Exemption.--The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. ``(4) Data collected.-- ``(A) In general.--The surveys conducted under paragraph (3) shall collect information on a national, regional, State, and energy company basis. ``(iii) The quantity of crude oil and transportation fuel entering final retail and commercial commerce. ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(B) Geographical specificity.--Analyses published under subparagraph (A)-- ``(i) shall be geographically specific enough to provide meaningful differentiation between fuel markets; and ``(ii) shall not organize geographical data in the form of Petroleum Administration for Defense Districts or other geographic aggregations lacking sufficient resolution to ascertain regionally specific market trends or disparities. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. (b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. ( B) Specific duties.--In order to carry out the responsibility under subparagraph (A), the Unit shall assist the Commission in carrying out the following duties: (i) Receiving, compiling, and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and suspicious behavior. ( (iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act (42 U.S.C. 7135). ( c) Regulations.--Not later than 90 days after the date of enactment of this Act, the Commission shall promulgate regulations to carry out this section. (

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( (b) Affirmative Defense.--It shall be an affirmative defense in any civil action or administrative action to enforce subsection (a), with respect to the sale, at wholesale or retail, of a consumer fuel by a person, that the increase in the price of such consumer fuel reasonably reflects additional costs that were paid, incurred, or reasonably anticipated by such person, or reasonably reflects additional risks taken by such person, to produce, distribute, obtain, or sell such consumer fuel under the circumstances. ( C) Authority to intervene.--Upon receipt of the notice required by subparagraph (B), the Commission may intervene in such civil action and upon intervening-- (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such civil action. (D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ( 2) Use of funds.--To the extent provided for in advance in appropriations Acts, the amounts deposited into the fund shall be used to provide assistance under the Low Income Home Energy Assistance Program described in section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) administered by the Secretary of Health and Human Services and the Weatherization Assistance Program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) ( (3) Retail.--The term ``retail'', with respect to the sale of a consumer fuel, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. ( c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17303(a)) is amended by striking ``This subtitle'' and inserting ``Except as otherwise provided in section 814, this subtitle''. ( ``(B) Exemption.--The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. ( b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. ( ( iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act (42 U.S.C. 7135). vi) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A). (

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( ( ( f) Effect on Other Laws.-- (1) Other authority of commission.--Nothing in this section may be construed to limit the authority of the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) ( ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. ( b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. (

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( (b) Affirmative Defense.--It shall be an affirmative defense in any civil action or administrative action to enforce subsection (a), with respect to the sale, at wholesale or retail, of a consumer fuel by a person, that the increase in the price of such consumer fuel reasonably reflects additional costs that were paid, incurred, or reasonably anticipated by such person, or reasonably reflects additional risks taken by such person, to produce, distribute, obtain, or sell such consumer fuel under the circumstances. ( C) Authority to intervene.--Upon receipt of the notice required by subparagraph (B), the Commission may intervene in such civil action and upon intervening-- (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such civil action. (D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ( 2) Use of funds.--To the extent provided for in advance in appropriations Acts, the amounts deposited into the fund shall be used to provide assistance under the Low Income Home Energy Assistance Program described in section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) administered by the Secretary of Health and Human Services and the Weatherization Assistance Program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) ( (3) Retail.--The term ``retail'', with respect to the sale of a consumer fuel, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. ( c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17303(a)) is amended by striking ``This subtitle'' and inserting ``Except as otherwise provided in section 814, this subtitle''. ( ``(B) Exemption.--The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. ( b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. ( ( iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act (42 U.S.C. 7135). vi) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A). (

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( ( ( f) Effect on Other Laws.-- (1) Other authority of commission.--Nothing in this section may be construed to limit the authority of the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) ( ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. ( b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. (

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( ( (D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ( c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17303(a)) is amended by striking ``This subtitle'' and inserting ``Except as otherwise provided in section 814, this subtitle''. ( ``(B) Exemption.--The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. ( ( ( iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act (42 U.S.C. 7135). vi) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A). (

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( ( ( f) Effect on Other Laws.-- (1) Other authority of commission.--Nothing in this section may be construed to limit the authority of the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) ( ``(6) Public distribution.-- ``(A) In general.--To the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. ( b) Report.--Not later than 270 days after the date of the enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the investigation conducted under subsection (a), including a long-term strategy for the Commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency. (

To protect consumers from price-gouging of consumer fuels, and for other purposes. B) Aggravating factors.--The aggravating factors described in this subparagraph are the following: (i) Whether the amount charged by such person grossly exceeds the average price at which the consumer fuel was offered for sale by such person during-- (I) the 30-day period before the date on which the proclamation was issued; or (II) another appropriate benchmark period, as determined by the Commission. ( ( (D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ( c) Enforcement.--Section 813(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17303(a)) is amended by striking ``This subtitle'' and inserting ``Except as otherwise provided in section 814, this subtitle''. ( ``(B) Exemption.--The Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. ``(7) Data-sharing agreements.-- ``(A) Federal trade commission.--Notwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the `Confidential Information Protection and Statistical Efficiency Act of 2018'), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. ( ( ( iv) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act (42 U.S.C. 7135). vi) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A). (

Consumer Fuel Price Gouging Prevention Act - Prohibits any person from selling a consumer fuel, at wholesale or retail, in an area and during a period of an energy emergency covered by a proclamation issued by the President, at a price that is unconscionably excessive and indicates the seller is exploiting the circumstances related to such emergency to increase prices unreasonably. (Sec. 2 Amends the Energy Independence and Security Act of 2007 to prohibit a state attorney general, or official or agency of a state, from bringing an action under this Act during the pendency of any Federal action against any defendant named in the complaint of the Federal Trade Commission or another agency for any violation of this Act. (Sec. 3) Prohibits a state official from proceeding in state This bill directs the Department of Energy (DOE) to conduct surveys of energy companies to collect detailed and timely information on U.S. crude oil and transportation fuel markets. DOE shall exempt an energy company from participating in the surveys if the energy company has a de minimis market presence or impact. DOE must: (1) track and publish the country of original production of crude oil Directs the Federal Trade Commission (FTC) to establish the Consumer Protection Unit to assist the FTC in protecting the public interest by continuously and comprehensively collecting, monitoring, and analyzing crude oil and transportation fuel market data in order to: (1) support transparent and competitive market practices; (2) identify any market manipulation, reporting of false information, use of market power to disadvantage consumers

H.R.1408

Crime and Law Enforcement

Ensuring Quality Access to Legal Defense Act of 2021 or the EQUAL Defense Act of 2021 This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2025 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.

To incentivize States and localities to improve access to justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2021'' or the ``EQUAL Defense Act of 2021''. SEC. 2. PURPOSE. The purpose of this Act is-- (1) to protect the rights of defendants in criminal cases to due process and a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the Constitution of the United States, including the right to counsel in State criminal trials, as articulated by the United States Supreme Court in Gideon v. Wainwright, 372 U.S. 335 (1963); (2) to collect data related to public defense in order to facilitate the development of evidence-based workload limits, and for other purposes; and (3) to ensure that public defender compensation reflects the constitutional imperative of the work and adequately incentivizes attorneys at all levels to pursue a career in public defense. SEC. 3. DEFINITIONS. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (3) Basis of compensation.--The term ``basis of compensation'' means the classification of the compensation of an employee into one of the following categories: (A) Hourly. (B) Flat rate. (C) Per case. (D) Salary. (4) Case.-- (A) In general.--The term ``case'' includes all charges involved in a single incident of alleged criminal or delinquent conduct. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. (ii) Misdemeanor. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (B) Multiple charges.--If a case involves multiple charges, the case type shall be determined according to the dominant charge. (6) Chief prosecutor.--The term ``chief prosecutor'', with respect to-- (A) a State, means the attorney general of the State; (B) a unit of local government, means the district attorney of the unit of local government; and (C) a Tribal organization, means the lead prosecutor of the Tribal organization. (7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. (8) Corresponding prosecutor's office.--The term ``corresponding prosecutor's office'', with respect to a public defender's office, means the prosecutorial unit that appears adverse to the public defender's office in criminal proceedings. (9) Covered grant.--The term ``covered grant'' means a grant awarded under section 4. (10) Dominant charge.--The term ``dominant charge'', with respect to a case that involves multiple charges, means the charge that carries the most severe or lengthy maximum penalty. (11) Eligible entity.--The term ``eligible entity'' means a State, unit of local government, Tribal organization, or public defender's office that, as of the date of enactment of this Act and without regard to the deadlines under section 4(b)-- (A) has not developed and implemented a data collection process that meets the requirements under paragraph (1) of that section; (B) has not developed workload limits that meet the requirements under paragraph (2) of that section, or has developed such limits but is not in compliance with the limits; or (C) does not meet the compensation requirements under paragraph (3) of that section. (12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. (14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (15) Prosecutor's office; public defender's office.--The terms ``prosecutor's office'' and ``public defender's office'' mean an agency or office of a State, unit of local government, or Tribal organization that employs prosecutors or public defenders, respectively. (16) Public defender.--The term ``public defender''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes an attorney employed by a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a public defender referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. (18) 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). (19) Tribal organization.--The term ``Tribal organization'' has the meaning given the term ``tribal organization'' in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)). (20) Unit of local government.--The term ``unit of local government'' 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). SEC. 4. PUBLIC DEFENSE GRANT PROGRAM. (a) Grant Authority.-- (1) In general.-- (A) Initial grants.--During the first 5 fiscal years beginning after the date of enactment of this Act, the Attorney General shall award a grant, to be used for public defense, to any eligible entity that commits to satisfying the requirements under subsection (b) and section 5. (B) Continuing grants.--During the sixth fiscal year beginning after the date of enactment of this Act, and each fiscal year thereafter, the Attorney General shall award a grant to any eligible entity that-- (i) commits to satisfying the requirements under section 5; (ii) certifies that the eligible entity is in compliance with-- (I) the workload limits developed by the eligible entity under subsection (b)(2) of this section; and (II) the requirements under subsection (b)(3) of this section; and (iii) commits to using the grant funds for public defense. (2) Amount.--In applying for a grant under paragraph (1), an eligible entity shall request a grant amount that takes into account-- (A) any technology and training required to meet the requirements under subsection (b)(1); and (B) the size of the justice system-- (i) that the entity administers or in which the entity participates, as applicable, relative to the size of other justice systems in-- (I) the United States, if the entity is a State or a public defender's office of a State; or (II) the State in which the entity is located, if the entity is a unit of local government or a public defender's office of a unit of local government; or (ii) of the Indian Tribe, if the entity is a Tribal organization or a public defender's office of a Tribal organization. (b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (iii) The mean and median percentage of hours per month spent in court proceedings per attorney. (iv) The mean and median percentage of hours spent per month by an attorney on-- (I) investigation; (II) research; (III) writing; and (IV) preparation. (v) The amount of attorney turnover, broken down by the level of experience and length of employment of the attorney. (vi) The number of open cases as of the last day of the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the attorney was appointed to the case; and (IV) the date on which the attorney first met with the client. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (B) Collection and submission requirement.--For the second fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall-- (i) collect the data described in subparagraph (A) with respect to that fiscal year; and (ii) submit the data to the Attorney General. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (B) Periodic updates.--If the eligible entity receives covered grants under subsection (a)(1)(B), the eligible entity shall review and, as necessary, update the limits developed under subparagraph (A) of this paragraph not less frequently than once every 10 fiscal years. (3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. (B) The rate and basis of compensation of an entry- level full-time staff attorney shall be equivalent to the rate and basis of compensation of an entry-level full-time staff attorney employed by the corresponding prosecutor's office. (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. (D) In the case of an eligible entity that is not a public defender's office, the rate of compensation of a private attorney appointed by an applicable court to represent a defendant shall be equivalent to the rate of compensation of an attorney appointed under section 3006A of title 18, United States Code, by the United States district court for the Federal judicial district in which the applicable court is located, for the same or a similar type of case. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. (F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. SEC. 5. PROGRESS REPORTS; CERTIFICATIONS. (a) Progress Reports.--For each of the first 5 fiscal years for which a State or Tribal organization receives a covered grant, the State or Tribal organization shall submit a report to the Attorney General that-- (1) documents the progress of the State or Tribal organization in meeting the requirements under section 4(b)(3); (2) provides a formal accounting of total amounts expended on public defense during the fiscal year by the-- (A) State, including each unit of local government in the State; or (B) Tribal organization; (3) provides a formal accounting of total amounts expended on prosecution during the fiscal year by the-- (A) State, including each unit of local government in the State; or (B) Tribal organization; and (4) documents the progress of the State, including each unit of local government in the State, or Tribal organization in achieving overall resource parity between prosecution and public defense. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). (2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). (B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. (3) Compensation parity.--For the sixth fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity is in compliance with section 4(b)(3). SEC. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. (a) Data Collection.-- (1) In general.--For any fiscal year beginning after the date of enactment of this Act, a State that receives funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.) shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. (C) The number of cases for which a defendant was represented in court by counsel who was not publicly appointed, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (2) Applicable criminal offenses.--A State shall submit data under paragraph (1) with respect to-- (A) criminal offenses for which a term of imprisonment of more than 1 year may be imposed; (B) criminal offenses for which a term of imprisonment of 1 year or less may be imposed, including misdemeanors, traffic violations, and violations of municipal ordinances; and (C) acts of juvenile delinquency or juvenile status offenses for which any term of detention may be imposed. (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). SEC. 7. FUNDING TO TRAIN PUBLIC DEFENDERS. (a) Definition.--In this section, the term ``eligible entity'' means an entity that-- (1) is-- (A) an organization-- (i) described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) funded by a State or unit of local government; or (B) a State, unit of local government, Indian Tribal government, or political subdivision of an Indian Tribe; and (2) has a comprehensive educational program specific to public defenders that offers-- (A) ongoing training and support; and (B) programming that includes-- (i) skills training, including pretrial practice, negotiation skills, and trial skills; (ii) client-centered values; (iii) implicit bias training; (iv) leadership development; and (v) ongoing support to reinforce the training curriculum. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. (a) Reauthorization.--Section 3001(j) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2022 through 2025.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''. <all>

EQUAL Defense Act of 2021

To incentivize States and localities to improve access to justice, and for other purposes.

EQUAL Defense Act of 2021 Ensuring Quality Access to Legal Defense Act of 2021

Rep. Deutch, Theodore E.

D

FL

This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2025 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.

This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2021'' or the ``EQUAL Defense Act of 2021''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) 7. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 8. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2022 through 2025.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2021'' or the ``EQUAL Defense Act of 2021''. PURPOSE. 3. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 4. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2022 through 2025.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2021'' or the ``EQUAL Defense Act of 2021''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. 5304(l)). 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) 7. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2022 through 2025.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

To incentivize States and localities to improve access to justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2021'' or the ``EQUAL Defense Act of 2021''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (D) Salary. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. 5304(l)). 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (v) The amount of attorney turnover, broken down by the level of experience and length of employment of the attorney. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) (C) The number of cases for which a defendant was represented in court by counsel who was not publicly appointed, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (2) Applicable criminal offenses.--A State shall submit data under paragraph (1) with respect to-- (A) criminal offenses for which a term of imprisonment of more than 1 year may be imposed; (B) criminal offenses for which a term of imprisonment of 1 year or less may be imposed, including misdemeanors, traffic violations, and violations of municipal ordinances; and (C) acts of juvenile delinquency or juvenile status offenses for which any term of detention may be imposed. 7. (a) Definition.--In this section, the term ``eligible entity'' means an entity that-- (1) is-- (A) an organization-- (i) described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) funded by a State or unit of local government; or (B) a State, unit of local government, Indian Tribal government, or political subdivision of an Indian Tribe; and (2) has a comprehensive educational program specific to public defenders that offers-- (A) ongoing training and support; and (B) programming that includes-- (i) skills training, including pretrial practice, negotiation skills, and trial skills; (ii) client-centered values; (iii) implicit bias training; (iv) leadership development; and (v) ongoing support to reinforce the training curriculum. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2022 through 2025.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

To incentivize States and localities to improve access to justice, and for other purposes. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( 5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. ( (6) Chief prosecutor.--The term ``chief prosecutor'', with respect to-- (A) a State, means the attorney general of the State; (B) a unit of local government, means the district attorney of the unit of local government; and (C) a Tribal organization, means the lead prosecutor of the Tribal organization. ( 7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( 13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. ( (15) Prosecutor's office; public defender's office.--The terms ``prosecutor's office'' and ``public defender's office'' mean an agency or office of a State, unit of local government, or Tribal organization that employs prosecutors or public defenders, respectively. ( 16) Public defender.--The term ``public defender''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes an attorney employed by a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a public defender referred to in subparagraph (A). ( (20) Unit of local government.--The term ``unit of local government'' 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). a) Grant Authority.-- (1) In general.-- (A) Initial grants.--During the first 5 fiscal years beginning after the date of enactment of this Act, the Attorney General shall award a grant, to be used for public defense, to any eligible entity that commits to satisfying the requirements under subsection (b) and section 5. ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. ( (iv) The mean and median percentage of hours spent per month by an attorney on-- (I) investigation; (II) research; (III) writing; and (IV) preparation. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. ( 3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( D) In the case of an eligible entity that is not a public defender's office, the rate of compensation of a private attorney appointed by an applicable court to represent a defendant shall be equivalent to the rate of compensation of an attorney appointed under section 3006A of title 18, United States Code, by the United States district court for the Federal judicial district in which the applicable court is located, for the same or a similar type of case. ( (F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). (2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). FUNDING TO TRAIN PUBLIC DEFENDERS. ( (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. ( (4) Case.-- (A) In general.--The term ``case'' includes all charges involved in a single incident of alleged criminal or delinquent conduct. ( 5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. ( iv) Life without parole. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. ( 20) Unit of local government.--The term ``unit of local government'' 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). b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. ( (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( 3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( (3) Compensation parity.--For the sixth fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity is in compliance with section 4(b)(3). B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. ( (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( ( 7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( ( (20) Unit of local government.--The term ``unit of local government'' 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). b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( 2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

Ensuring Quality Access to Legal Defense Act of 2021 or the EQUAL Defense Act - Amends the federal criminal code to provide for: (1) the right of defendants in criminal cases to due process and a fair trial, including the right to counsel in state criminal trials; (2) the collection of data related to public defense in order to facilitate the development of evidence-based Directs the Attorney General to award initial grants to: (1) a State or a public defender's office of a State; or (2) a Tribal organization or a Public Defender's Office of a Tribe, if the entity is a Tribal Organization. (Sec. 4) Continuing grants to any eligible entity that commits to satisfying the requirements under this Act and certifies that Authorizes appropriations. (Sec. 5) For each of the first five fiscal years for which a State or Tribal organization receives a covered grant, the state or organization shall submit a report to the Attorney General that: (1) documents the progress of the state in meeting the requirements under this Act; (2) provides a formal accounting of total amounts expended on prosecution and public Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. (Sec. 7) Requires a state to submit data with respect to: (1) criminal offenses for which a term of imprisonment of more than one year may be imposed;

H.R.9325

Crime and Law Enforcement

Ensuring Quality Access to Legal Defense Act of 2022 or the EQUAL Defense Act of 2022 This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2026 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.

To incentivize States and localities to improve access to justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. SEC. 2. PURPOSE. The purpose of this Act is-- (1) to protect the rights of defendants in criminal cases to due process and a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the Constitution of the United States, including the right to counsel in State criminal trials, as articulated by the United States Supreme Court in Gideon v. Wainwright, 372 U.S. 335 (1963); (2) to collect data related to public defense in order to facilitate the development of evidence-based workload limits, and for other purposes; and (3) to ensure that public defender compensation reflects the constitutional imperative of the work and adequately incentivizes attorneys at all levels to pursue a career in public defense. SEC. 3. DEFINITIONS. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (3) Basis of compensation.--The term ``basis of compensation'' means the classification of the compensation of an employee into one of the following categories: (A) Hourly. (B) Flat rate. (C) Per case. (D) Salary. (4) Case.-- (A) In general.--The term ``case'' includes all charges involved in a single incident of alleged criminal or delinquent conduct. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. (ii) Misdemeanor. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (B) Multiple charges.--If a case involves multiple charges, the case type shall be determined according to the dominant charge. (6) Chief prosecutor.--The term ``chief prosecutor'', with respect to-- (A) a State, means the attorney general of the State; (B) a unit of local government, means the district attorney of the unit of local government; and (C) a Tribal organization, means the lead prosecutor of the Tribal organization. (7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. (8) Corresponding prosecutor's office.--The term ``corresponding prosecutor's office'', with respect to a public defender's office, means the prosecutorial unit that appears adverse to the public defender's office in criminal proceedings. (9) Covered grant.--The term ``covered grant'' means a grant awarded under section 4. (10) Dominant charge.--The term ``dominant charge'', with respect to a case that involves multiple charges, means the charge that carries the most severe or lengthy maximum penalty. (11) Eligible entity.--The term ``eligible entity'' means a State, unit of local government, Tribal organization, or public defender's office that, as of the date of enactment of this Act and without regard to the deadlines under section 4(b)-- (A) has not developed and implemented a data collection process that meets the requirements under paragraph (1) of that section; (B) has not developed workload limits that meet the requirements under paragraph (2) of that section, or has developed such limits but is not in compliance with the limits; or (C) does not meet the compensation requirements under paragraph (3) of that section. (12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. (14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (15) Prosecutor's office; public defender's office.--The terms ``prosecutor's office'' and ``public defender's office'' mean an agency or office of a State, unit of local government, or Tribal organization that employs prosecutors or public defenders, respectively. (16) Public defender.--The term ``public defender''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes an attorney employed by a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a public defender referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. (18) 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). (19) Tribal organization.--The term ``Tribal organization'' has the meaning given the term ``tribal organization'' in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)). (20) Unit of local government.--The term ``unit of local government'' 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). SEC. 4. PUBLIC DEFENSE GRANT PROGRAM. (a) Grant Authority.-- (1) In general.-- (A) Initial grants.--During the first 5 fiscal years beginning after the date of enactment of this Act, the Attorney General shall award a grant, to be used for public defense, to any eligible entity that commits to satisfying the requirements under subsection (b) and section 5. (B) Continuing grants.--During the sixth fiscal year beginning after the date of enactment of this Act, and each fiscal year thereafter, the Attorney General shall award a grant to any eligible entity that-- (i) commits to satisfying the requirements under section 5; (ii) certifies that the eligible entity is in compliance with-- (I) the workload limits developed by the eligible entity under subsection (b)(2) of this section; and (II) the requirements under subsection (b)(3) of this section; and (iii) commits to using the grant funds for public defense. (2) Amount.--In applying for a grant under paragraph (1), an eligible entity shall request a grant amount that takes into account-- (A) any technology and training required to meet the requirements under subsection (b)(1); and (B) the size of the justice system-- (i) that the entity administers or in which the entity participates, as applicable, relative to the size of other justice systems in-- (I) the United States, if the entity is a State or a public defender's office of a State; or (II) the State in which the entity is located, if the entity is a unit of local government or a public defender's office of a unit of local government; or (ii) of the Indian Tribe, if the entity is a Tribal organization or a public defender's office of a Tribal organization. (b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (iii) The mean and median percentage of hours per month spent in court proceedings per attorney. (iv) The mean and median percentage of hours spent per month by an attorney on-- (I) investigation; (II) research; (III) writing; and (IV) preparation. (v) The amount of attorney turnover, broken down by the level of experience and length of employment of the attorney. (vi) The number of open cases as of the last day of the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the attorney was appointed to the case; and (IV) the date on which the attorney first met with the client. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (B) Collection and submission requirement.--For the second fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall-- (i) collect the data described in subparagraph (A) with respect to that fiscal year; and (ii) submit the data to the Attorney General. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (B) Periodic updates.--If the eligible entity receives covered grants under subsection (a)(1)(B), the eligible entity shall review and, as necessary, update the limits developed under subparagraph (A) of this paragraph not less frequently than once every 10 fiscal years. (3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. (B) The rate and basis of compensation of an entry- level full-time staff attorney shall be equivalent to the rate and basis of compensation of an entry-level full-time staff attorney employed by the corresponding prosecutor's office. (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. (D) In the case of an eligible entity that is not a public defender's office, the rate of compensation of a private attorney appointed by an applicable court to represent a defendant shall be equivalent to the rate of compensation of an attorney appointed under section 3006A of title 18, United States Code, by the United States district court for the Federal judicial district in which the applicable court is located, for the same or a similar type of case. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. (F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. SEC. 5. PROGRESS REPORTS; CERTIFICATIONS. (a) Progress Reports.--For each of the first 5 fiscal years for which a State or Tribal organization receives a covered grant, the State or Tribal organization shall submit a report to the Attorney General that-- (1) documents the progress of the State or Tribal organization in meeting the requirements under section 4(b)(3); (2) provides a formal accounting of total amounts expended on public defense during the fiscal year by the-- (A) State, including each unit of local government in the State; or (B) Tribal organization; (3) provides a formal accounting of total amounts expended on prosecution during the fiscal year by the-- (A) State, including each unit of local government in the State; or (B) Tribal organization; and (4) documents the progress of the State, including each unit of local government in the State, or Tribal organization in achieving overall resource parity between prosecution and public defense. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). (2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). (B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. (3) Compensation parity.--For the sixth fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity is in compliance with section 4(b)(3). SEC. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. (a) Data Collection.-- (1) In general.--For any fiscal year beginning after the date of enactment of this Act, a State that receives funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.) shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. (C) The number of cases for which a defendant was represented in court by counsel who was not publicly appointed, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (2) Applicable criminal offenses.--A State shall submit data under paragraph (1) with respect to-- (A) criminal offenses for which a term of imprisonment of more than 1 year may be imposed; (B) criminal offenses for which a term of imprisonment of 1 year or less may be imposed, including misdemeanors, traffic violations, and violations of municipal ordinances; and (C) acts of juvenile delinquency or juvenile status offenses for which any term of detention may be imposed. (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). SEC. 7. FUNDING TO TRAIN PUBLIC DEFENDERS. (a) Definition.--In this section, the term ``eligible entity'' means an entity that-- (1) is-- (A) an organization-- (i) described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) funded by a State or unit of local government; or (B) a State, unit of local government, Indian Tribal government, or political subdivision of an Indian Tribe; and (2) has a comprehensive educational program specific to public defenders that offers-- (A) ongoing training and support; and (B) programming that includes-- (i) skills training, including pretrial practice, negotiation skills, and trial skills; (ii) client-centered values; (iii) implicit bias training; (iv) leadership development; and (v) ongoing support to reinforce the training curriculum. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. (a) Reauthorization.--Section 3001(j) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''. <all>

EQUAL Defense Act of 2022

To incentivize States and localities to improve access to justice, and for other purposes.

EQUAL Defense Act of 2022 Ensuring Quality Access to Legal Defense Act of 2022

Rep. Bonamici, Suzanne

D

OR

This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2026 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.

This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) 7. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 8. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. PURPOSE. 3. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 4. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. 5304(l)). 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) 7. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

To incentivize States and localities to improve access to justice, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Ensuring Quality Access to Legal Defense Act of 2022'' or the ``EQUAL Defense Act of 2022''. PURPOSE. 3. DEFINITIONS. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. (C) Per case. (D) Salary. (B) Multiple defendants.--If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. (iii) Felony. (iv) Life without parole. (v) Capital or death penalty. (13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. 5304(l)). 10251). 4. (ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. (v) The amount of attorney turnover, broken down by the level of experience and length of employment of the attorney. (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. (E) The rate and basis of compensation of a full- time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. 5. PROGRESS REPORTS; CERTIFICATIONS. (b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS. 10501 et seq.) (C) The number of cases for which a defendant was represented in court by counsel who was not publicly appointed, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. (2) Applicable criminal offenses.--A State shall submit data under paragraph (1) with respect to-- (A) criminal offenses for which a term of imprisonment of more than 1 year may be imposed; (B) criminal offenses for which a term of imprisonment of 1 year or less may be imposed, including misdemeanors, traffic violations, and violations of municipal ordinances; and (C) acts of juvenile delinquency or juvenile status offenses for which any term of detention may be imposed. 7. (a) Definition.--In this section, the term ``eligible entity'' means an entity that-- (1) is-- (A) an organization-- (i) described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) funded by a State or unit of local government; or (B) a State, unit of local government, Indian Tribal government, or political subdivision of an Indian Tribe; and (2) has a comprehensive educational program specific to public defenders that offers-- (A) ongoing training and support; and (B) programming that includes-- (i) skills training, including pretrial practice, negotiation skills, and trial skills; (ii) client-centered values; (iii) implicit bias training; (iv) leadership development; and (v) ongoing support to reinforce the training curriculum. (b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM. 10671(j)) is amended-- (1) by striking ``this section $25,000,000'' and inserting the following: ``this section-- ``(1) $25,000,000''; and (2) by striking the period at the end and inserting the following: ``; and ``(2) $75,000,000 for each of fiscal years 2023 through 2026.''. (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

To incentivize States and localities to improve access to justice, and for other purposes. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. (2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( 5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. ( (6) Chief prosecutor.--The term ``chief prosecutor'', with respect to-- (A) a State, means the attorney general of the State; (B) a unit of local government, means the district attorney of the unit of local government; and (C) a Tribal organization, means the lead prosecutor of the Tribal organization. ( 7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( 13) Peripheral charge.--The term ``peripheral charge'', with respect to a case that involves multiple charges, means any charge that is not the dominant charge. ( (15) Prosecutor's office; public defender's office.--The terms ``prosecutor's office'' and ``public defender's office'' mean an agency or office of a State, unit of local government, or Tribal organization that employs prosecutors or public defenders, respectively. ( 16) Public defender.--The term ``public defender''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes an attorney employed by a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a public defender referred to in subparagraph (A). ( (20) Unit of local government.--The term ``unit of local government'' 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). a) Grant Authority.-- (1) In general.-- (A) Initial grants.--During the first 5 fiscal years beginning after the date of enactment of this Act, the Attorney General shall award a grant, to be used for public defense, to any eligible entity that commits to satisfying the requirements under subsection (b) and section 5. ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. ( (iv) The mean and median percentage of hours spent per month by an attorney on-- (I) investigation; (II) research; (III) writing; and (IV) preparation. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( (2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. ( 3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( D) In the case of an eligible entity that is not a public defender's office, the rate of compensation of a private attorney appointed by an applicable court to represent a defendant shall be equivalent to the rate of compensation of an attorney appointed under section 3006A of title 18, United States Code, by the United States district court for the Federal judicial district in which the applicable court is located, for the same or a similar type of case. ( (F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). (2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). FUNDING TO TRAIN PUBLIC DEFENDERS. ( (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act. b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. In this Act, except as otherwise provided in section 6: (1) Applicable court.--The term ``applicable court'', with respect to an eligible entity that is-- (A) a State or unit of local government, means-- (i) a court of the eligible entity; and (ii) a court of a unit of local government within the eligible entity; and (B) a Tribal organization, means a court of the Indian Tribe. ( (4) Case.-- (A) In general.--The term ``case'' includes all charges involved in a single incident of alleged criminal or delinquent conduct. ( 5) Case type.-- (A) In general.--The term ``case type'' means the classification of a client's case into one of the following categories, as defined under State law: (i) Juvenile. ( iv) Life without parole. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( (17) Staff attorney.--The term ``staff attorney'', with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. ( 20) Unit of local government.--The term ``unit of local government'' 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). b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ii) The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. ( (vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( 3) Public defender compensation.--During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): (A) The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( (3) Compensation parity.--For the sixth fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity is in compliance with section 4(b)(3). B) The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by-- (i) public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and (ii) race, ethnicity, and gender of the defendant. ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). b) Grants.--The Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. ( (b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( ( 7) Chief public defender.--The term ``chief public defender'', with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively. ( 12) Full-time.--The term ``full-time'', with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. ( ( (20) Unit of local government.--The term ``unit of local government'' 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). b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( 2) Workload limits.-- (A) Development of workload limits.--During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide-- (i) reasonably effective assistance of counsel pursuant to prevailing professional norms; and (ii) competent representation pursuant to applicable rules of professional responsibility. ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and (2) such sums as may be necessary for each fiscal year thereafter. b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( (3) Withholding of funds.--If a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.). b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 2) Applicable public defender's office.--The term ``applicable public defender's office'', with respect to an eligible entity that is-- (A) a public defender's office, means the eligible entity; (B) a State or unit of local government, means-- (i) the public defender's office of the eligible entity; and (ii) a public defender's office of a unit of local government within the eligible entity; and (C) a Tribal organization, means the public defender's office of the Tribal organization. ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( B) Requirement.--If an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)-- (i) the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and (ii) the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year. ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. 14) Prosecutor.--The term ``prosecutor''-- (A) has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and (B) includes a full-time employee of a Tribal organization who-- (i) is continually licensed to practice law; and (ii) carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). ( ( b) Requirements.--The requirements for an eligible entity under this subsection are as follows: (1) Data collection.-- (A) Process.--During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: (i) The mean and median number of hours per month worked per attorney. ( vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( F) The rate and basis of compensation of a full- time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. ( 2) Workload limits.-- (A) Compliance.--Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2). ( ( 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

To incentivize States and localities to improve access to justice, and for other purposes. vii) The number of cases closed during the fiscal year, broken down by-- (I) case type, including by-- (aa) the dominant charge; and (bb) each peripheral charge; (II) the attorney, who shall be identified using an anonymized unique identifier; (III) the date on which the case was referred to the public defender's office; (IV) the date on which the attorney was appointed to the case; and (V) the date on which the case was closed. ( ( ( ( (C) The rate and basis of compensation of a non- entry-level full-time staff attorney shall be equivalent to the greater of-- (i) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or (ii) the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. ( b) Certifications.-- (1) Data collection process.--For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). ( ( ( shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year: (A) The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant. ( ( ( b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended-- (1) in clause (i), by striking ``$10,000'' and inserting ``$35,000''; and (2) in clause (ii), by striking ``$60,000'' and inserting ``$200,000''.

Ensuring Quality Access to Legal Defense Act of 2022 or the EQUAL Defense Act - Amends the federal criminal code to provide for: (1) the right of defendants in criminal cases to due process and a fair trial, including the right to counsel in state criminal trials; (2) the collection of data related to public defense in order to facilitate the development of evidence-based Directs the Attorney General to award initial grants to: (1) a State or a public defender's office of a State; or (2) a Tribal organization or a Public Defender's Office of a Tribe, if the entity is a Tribal Organization. (Sec. 4) Continuing grants to any eligible entity that commits to satisfying the requirements under this Act and certifies that Authorizes appropriations. (Sec. 5) For each of the first five fiscal years for which a State or Tribal organization receives a covered grant, the state or organization shall submit a report to the Attorney General that: (1) documents the progress of the state in meeting the requirements under this Act; (2) provides a formal accounting of total amounts expended on prosecution and public Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys. (Sec. 7) Requires a state to submit data with respect to: (1) criminal offenses for which a term of imprisonment of more than one year may be imposed;

H.R.816

Housing and Community Development

Restoring Communities Left Behind Act This bill directs the Department of Housing and Urban Development to establish a grant program for local partnerships to carry out neighborhood revitalization support activities in economically distressed areas. Eligible activities include

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Communities Left Behind Act''. SEC. 2. FINDINGS. Congress finds the following: (1) As the Nation continues to feel the devastating economic impacts of Coronavirus Disease 2019 (COVID-19), many urban and rural communities are still suffering from the effects of underwater mortgages, vacancy, abandoned properties, blight, aging housing stock, properties with deferred maintenance and harmful materials such as lead, asbestos, and mold, unemployment, and population loss. (2) While some cities and counties struggle with disinvestment and population loss, there are also pockets of economic distress in otherwise prosperous, growing areas. (3) Investments targeted to these communities left behind will be critical to ensure equitable economic recovery, job creation, and housing and neighborhood infrastructure revitalization. (4) The need to revitalize neighborhoods is greater than what can be supported with existing local tax bases. (5) Communities continue to suffer from the impact of governmental policies and private sector practices that forbade or discouraged mortgage lending in neighborhoods having significant minority populations. (6) Many State and local governments, land banks, and nonprofit organizations across the United States have responded to the housing crisis by creating cost-effective strategies to revitalize neighborhoods. (7) 2016 data from the United States Census Bureau shows that non-Hispanic, White households have an average net worth of $143,600, while Black households have an average net worth of $12,920, and Hispanic households have an average net worth of $21,420. (8) Housing equity is a significant portion of Black and Hispanic households' net worth, making up nearly 57 percent of Black households' net worth, 66.5 percent of Hispanic households' net worth, and 40.8 percent of White households' net worth, according to the Urban Institute's calculations from the 2016 Survey of Consumer Finances. (9) The 2008 Great Recession and the COVID-19 Recession have exacerbated the racial wealth gap. (10) Funding innovative local neighborhood strategies will allow the United States to close the racial wealth gap, ensure equitable access to housing and economic mobility, and counter the lasting legacy of redlining policies. (11) Despite the strong requirement to affirmatively furthering fair housing under the Fair Housing Act, the lack of accountability measures implemented by the Department of Housing and Urban Development to ensure equitable use of housing and community development dollars in Federal programs has allowed for the perpetuation of the legacy of redlining and neighborhood disinvestment. (12) It is imperative that the Federal Government make funding available for the best local strategies to increase homeownership and preserve home equity in impacted areas, access to safe and affordable rental housing, economic growth, job creation, and to build on local assets to improve communities in ways that affirmatively further fair housing. SEC. 3. COMPETITIVE GRANT PROGRAM. (a) Establishment.--Not later than the expiration of the 120-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall establish a program to award competitive grants to eligible local partnerships to carry out more than one neighborhood revitalization support activity in an eligible locality. (b) Criteria.-- (1) Eligible local partnership.--A local partnership is eligible to receive a grant under the program established under this section if it meets the following requirements: (A) The local partnership includes a national or local nonprofit organization with expertise in community planning, engagement, organizing, development, or neighborhood revitalization and at least one of the following entities: (i) A city or county government. (ii) A land bank. (iii) A fair housing enforcement organization (as such term is defined in section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a)). (iv) An anchor institution. (v) A nonprofit organization. (vi) A State housing finance agency (as such term is defined in section 106(h) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(h))). (vii) A community development financial institution (as such term is defined in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5))). (viii) A public housing agency (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))). (B) Such local partnership will use a grant awarded under this section to carry out neighborhood revitalization support activities in furtherance of a neighborhood revitalization strategy for eligible localities. (2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. (B) High proportions of residential and commercial properties are vacant due to foreclosure, eviction, abandonment, or other causes. (C) Low rates of homeownership. (D) Racial disparities in homeownership rates. (E) High rates of poverty. (F) High rates of unemployment and underemployment. (G) Population loss. (H) Lack of private sector lending on fair and competitive terms for individuals to purchase homes or start small businesses. (I) Other indicators of economic distress, such as the lack of housing affordability, stemming from long- standing government policies and private sector practices that prevented mortgage lending in some communities, such as redlining. The Secretary shall establish thresholds for the criteria of economic distress under this paragraph. (3) Neighborhood revitalization support activities.--For purposes of this section, neighborhood revitalization support activities are the following: (A) Providing assistance to existing residents experiencing economic distress or at risk of displacement with homeowner rehabilitation assistance, weatherization, improved housing accessibility and livability for seniors and persons with disabilities, energy efficiency improvements, refinancing, housing counseling certified by the Secretary, including loss mitigation counseling, property tax relief, clearing and obtaining formal title, addressing outstanding housing-related expenses, or other activities that the Secretary determines are appropriate. (B) Purchasing non-performing mortgages to assist existing homeowners and advance neighborhood stability. (C) Supporting the purchase and redevelopment of vacant, abandoned, or distressed properties to create affordable rental housing, homeownership or shared equity homeownership opportunities, mixed-use properties, or commercial properties. Properties supported with assistance under this subparagraph may be converted between rental and homeownership, including shared equity homeownership, upon termination of the lease or transfer of the property during the relevant period of affordability to ensure local community needs are met, properties do not sit vacant, and affordability is preserved. (D) Providing pre-purchase counseling through housing counselors certified by the Secretary for neighborhood revitalization support activities that provide homeownership opportunities. (E) Providing down payment assistance to prospective homebuyers. (F) Establishing and operating community land trusts to provide affordable rental and homeownership opportunities, including shared equity homeownership opportunities. (G) Demolishing abandoned or distressed structures, but only if such activity is part of a strategy that incorporates rehabilitation or new construction and efforts to increase affordable housing and homeownership, except that not more than 10 percent of any grant made under this section may be used for activities under this subparagraph unless the Secretary determines that such use is to replace units in an effort to increase affordable housing or homeownership. (H) Establishing or operating land banks to maintain acquire, redevelop, or sell properties that are abandoned or distressed. Preference among applications proposing activities under this subparagraph shall be given to applications that promote distribution of properties for affordable housing and small businesses. (I) Improving parks, sidewalks, street lighting, and other neighborhood improvements that impact quality of life in the targeted neighborhoods, except that not more than 5 percent of any grant made under this section may be used for activities under this subparagraph. (J) In connection with any other eligible activity under this paragraph, working with resident leaders and community groups to undertake community planning, outreach, and neighborhood engagement, consistent with the goals of increasing homeownership, stabilizing neighborhoods, reducing vacancy rates, creating jobs, increasing or stabilizing residential and commercial property values, and meeting other neighborhood needs, except that not more than 10 percent of any grant made under this section may be used for activities under this subparagraph. (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. (B) Homeownership units.--In the case of property assisted pursuant to paragraph (3) consisting of a dwelling unit, or containing any dwelling units, made available for homeownership, such unit or units-- (i) shall be available for purchase only to by a household having an income that does not exceed 120 percent of the median income for the area in which such unit is located; (ii) if made available through a shared equity homeownership program, shall remain affordable for at least 30 years; and (iii) if not made available through a shared equity homeownership program-- (I) shall remain affordable for a period of years as determined by the partnership, which shall not be shorter than 5 years from the sale of the unit; and (II) shall be subject to resale or recapture provisions that-- (aa) are established by the partnership to ensure that the affordability term may be met or funds may be redeployed for neighborhood revitalization support activities; (bb) may be waived in cases of hardship or market depreciation; and (cc) provide that, in the case of a resale, the partnership may maintain preemptive purchase options in order to sell the property to another income qualified purchaser. If a property converts between rental and homeownership or shared equity homeownership, the affordability terms of the new tenure type shall be utilized upon occupancy. (c) Applications.-- (1) In general.--To apply to receive a grant under this section, an eligible local partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Grant recipient priority selection criteria.--The Secretary shall prioritize awarding grants based on the following criteria: (A) The severity of the locality's indicators of distress under subsection (b)(2). (B) The extent to which the activities proposed will-- (i) in the case of rental housing, benefit households having incomes not exceeding 30 percent of the median income for the area; and (ii) in the case of homeownership housing, including shared equity homeownership, benefit households having incomes not exceeding 80 percent of the median income for the area. (C) Whether the activities proposed will promote affordable homeownership and the extent to which such affordability terms will be preserved. (D) The extent to which an eligible partnership that includes a public housing agency will use housing choice vouchers to support homeownership for households at or below 60 percent of area median income. (E) The demonstrated capacity of an eligible local partnership to execute the proposed eligible neighborhood revitalization support activities. (F) The demonstrated community planning, outreach, and engagement practices of an eligible local partnership. (G) The depth and breadth of the community partnership supporting the application. (H) The extent to which existing residents are assisted to prevent displacement. (I) The extent to which the proposed neighborhood revitalization support activities would help close the racial wealth gap by increasing minority homeownership, ensuring equitable access to housing and economic opportunity, and countering the ongoing legacy of redlining policies. (J) The extent to which development of new units are water and energy efficient. (K) The feasibility of the proposed neighborhood revitalization support activities considering local market conditions. (L) The extent to which an application demonstrates comprehensive community planning efforts and additional funds in hand or committed for activities in the geographic area that are not directly related to the provision of affordable housing, such as support for small, minority, and women-owned business activity in commercial zones in the targeted neighborhoods. (3) Geographical diversity.--The Secretary shall seek to make grants under this section for local partnerships serving geographically diverse areas of economic distress as defined in subsection (b)(2), including metropolitan and underserved rural areas. (d) Operation Costs.--Up to 15 percent of the amount of each grant under this section may be used by the recipient for administrative and organizational support costs. (e) Technical Assistance and Capacity Building.--The Secretary may reserve up to 1 percent of any funds appropriated to carry out this section for technical assistance activities which support grantees under this program and 1 percent of funds from each grant awarded shall be used to develop grantee capacity to meet the requirements under paragraphs (1) and (2) of subsection (g). (f) Fair Housing Protections.--Funds provided under the program under this section may not be used to deny housing opportunities based on the criminal or eviction history, source of income, or veteran status of any member of a household. (g) Accountability of Recipients.-- (1) Requirements.--The Secretary shall-- (A) require each grantee under this section to develop and maintain a system to ensure that each recipient of assistance uses such amounts in accordance with this section, the regulations issued under this section, and any requirements or conditions under which such amounts were provided; and (B) establish minimum requirements for agreements between the grantee and the Secretary, regarding assistance from grants under this section, which shall include-- (i) appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the grant to the recipient to ensure compliance with the limitations and requirements of this section and the regulations under this section; and (ii) any other requirements that the Secretary determines are necessary to ensure appropriate grant administration and compliance. (2) Publicly available information.--The Secretary shall make information regarding the results of assistance provided with amounts from grants under this section publicly available, which shall include at least the following information: (A) A list of recipients of grants awarded under this section and the amount of each such grant. (B) A description of each neighborhood revitalization support activity carried out by each such recipient and the impacts associated with each such activity, including the change in the rate of minority and first-time homeownership. (C) The total number of housing units acquired, redeveloped, or produced using grant amounts under this section. (D) The total number of housing units for rent, ownership, and shared equity homeownership assisted with grant amounts under this section and the number of bedrooms in each such unit. (E) The percentage of housing units assisted with grant amounts under this section that are affordable to low-, very low-, and extremely low-income households. (F) The number of such housing units located in areas where the percentage of households in a racial or ethnic minority group-- (i) is at least 20 percentage points higher than the percentage of the population of that minority group for the Metropolitan Statistical Area; (ii) is at least 20 percentage points higher than the percentage of the population of all minorities for the Metropolitan Statistical Area; and (iii) exceeds 50 percent of the population. (G) Any other information that the Secretary of Housing and Urban Development determines necessary to ensure that housing outcomes and grant administration and compliance align with the purposes of this Act. (h) In General.--Not later than 2 years after grants under this section are first awarded and again 3 years thereafter, the Secretary shall submit to the appropriate Congressional Committees, and make publicly available online, a report that-- (1) evaluates the impact of the program established under this section; (2) describes demographic changes in the eligible localities served by grantees of grants under this section, including changes in income, race, and ethnicity, property values, and unemployment rates; (3) identifies the number of housing units assisted with grant amounts under this section located in high- and low- poverty census tracts; (4) identifies the number of accessible units created and modified with grant amounts under this section and where such units are located using the most granular location measurement that is feasible such as at the Census block group level; and (5) identifies where housing units assisted with grant amounts are located in relation to community assets, including high performing schools and public transportation options. (i) Definitions.--In this section: (1) Anchor institution.--The term ``anchor institution'' means a school, a library, a healthcare provider, a community college or other institution of higher education, or another community support organization or entity. (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. (B) The Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate. (3) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. (4) Land bank.--The term ``land bank'' means a government entity, agency, or program, or a special purpose nonprofit entity formed by one or more units of government in accordance with State or local land bank enabling law, that has been designated by one or more State or local governments to acquire, steward, and dispose of vacant, abandoned, or other problem properties in accordance with locally-determined priorities and goals. (5) Neighborhood revitalization support activity.--The term ``neighborhood revitalization support activity'' means an activity described in subsection (b)(3). (6) Non-performing mortgage.--The term ``non-performing'' mortgage means a residential mortgage loan that is 90 days or more delinquent. (7) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and is exempt from taxation under section 501(a) of such Code. (8) Shared equity homeownership program.-- (A) In general.--The term ``shared equity homeownership program'' means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities. (B) Affordability requirements.--Any such program under subparagraph (A) shall-- (i) provide affordable homeownership opportunities to households; and (ii) utilize a ground lease, deed restriction, subordinate loan, or similar legal mechanism that includes provisions ensuring that the program shall-- (I) maintain the home as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (II) apply a resale formula that limits the homeowner's proceeds upon resale; and (III) provide the program administrator or such administrator's assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2021 through 2031. (2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget. The priority under subsection (c)(2)(I) (relating to matching funds) shall not apply to amounts awarded under this paragraph. (3) NOFA.--The Secretary shall issue a Notice of Funding Availability for grants under this section not later than the expiration of the 180-day period beginning upon the date of the enactment of this Act. SEC. 4. SELF-HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM. There is authorized to be appropriated for grants under section 11 of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note) $250,000,000 for fiscal year 2021, which shall remain available until September 30, 2031. <all>

Restoring Communities Left Behind Act

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes.

Restoring Communities Left Behind Act

Rep. Kaptur, Marcy

D

OH

This bill directs the Department of Housing and Urban Development to establish a grant program for local partnerships to carry out neighborhood revitalization support activities in economically distressed areas. Eligible activities include

2. (7) 2016 data from the United States Census Bureau shows that non-Hispanic, White households have an average net worth of $143,600, while Black households have an average net worth of $12,920, and Hispanic households have an average net worth of $21,420. COMPETITIVE GRANT PROGRAM. (ii) A land bank. (iv) An anchor institution. (v) A nonprofit organization. (vi) A State housing finance agency (as such term is defined in section 106(h) of the Housing and Urban Development Act of 1968 (12 U.S.C. (C) Low rates of homeownership. (G) Population loss. (H) Lack of private sector lending on fair and competitive terms for individuals to purchase homes or start small businesses. The Secretary shall establish thresholds for the criteria of economic distress under this paragraph. Properties supported with assistance under this subparagraph may be converted between rental and homeownership, including shared equity homeownership, upon termination of the lease or transfer of the property during the relevant period of affordability to ensure local community needs are met, properties do not sit vacant, and affordability is preserved. (F) The demonstrated community planning, outreach, and engagement practices of an eligible local partnership. (H) The extent to which existing residents are assisted to prevent displacement. (2) Publicly available information.--The Secretary shall make information regarding the results of assistance provided with amounts from grants under this section publicly available, which shall include at least the following information: (A) A list of recipients of grants awarded under this section and the amount of each such grant. (E) The percentage of housing units assisted with grant amounts under this section that are affordable to low-, very low-, and extremely low-income households. (F) The number of such housing units located in areas where the percentage of households in a racial or ethnic minority group-- (i) is at least 20 percentage points higher than the percentage of the population of that minority group for the Metropolitan Statistical Area; (ii) is at least 20 percentage points higher than the percentage of the population of all minorities for the Metropolitan Statistical Area; and (iii) exceeds 50 percent of the population. (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. (5) Neighborhood revitalization support activity.--The term ``neighborhood revitalization support activity'' means an activity described in subsection (b)(3). (6) Non-performing mortgage.--The term ``non-performing'' mortgage means a residential mortgage loan that is 90 days or more delinquent. (j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2021 through 2031. SEC. 4. SELF-HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM.

2. (7) 2016 data from the United States Census Bureau shows that non-Hispanic, White households have an average net worth of $143,600, while Black households have an average net worth of $12,920, and Hispanic households have an average net worth of $21,420. COMPETITIVE GRANT PROGRAM. (ii) A land bank. (iv) An anchor institution. (v) A nonprofit organization. (vi) A State housing finance agency (as such term is defined in section 106(h) of the Housing and Urban Development Act of 1968 (12 U.S.C. (C) Low rates of homeownership. (G) Population loss. The Secretary shall establish thresholds for the criteria of economic distress under this paragraph. Properties supported with assistance under this subparagraph may be converted between rental and homeownership, including shared equity homeownership, upon termination of the lease or transfer of the property during the relevant period of affordability to ensure local community needs are met, properties do not sit vacant, and affordability is preserved. (F) The demonstrated community planning, outreach, and engagement practices of an eligible local partnership. (E) The percentage of housing units assisted with grant amounts under this section that are affordable to low-, very low-, and extremely low-income households. (F) The number of such housing units located in areas where the percentage of households in a racial or ethnic minority group-- (i) is at least 20 percentage points higher than the percentage of the population of that minority group for the Metropolitan Statistical Area; (ii) is at least 20 percentage points higher than the percentage of the population of all minorities for the Metropolitan Statistical Area; and (iii) exceeds 50 percent of the population. (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. (5) Neighborhood revitalization support activity.--The term ``neighborhood revitalization support activity'' means an activity described in subsection (b)(3). (6) Non-performing mortgage.--The term ``non-performing'' mortgage means a residential mortgage loan that is 90 days or more delinquent. (j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2021 through 2031. SEC. 4.

2. (7) 2016 data from the United States Census Bureau shows that non-Hispanic, White households have an average net worth of $143,600, while Black households have an average net worth of $12,920, and Hispanic households have an average net worth of $21,420. (10) Funding innovative local neighborhood strategies will allow the United States to close the racial wealth gap, ensure equitable access to housing and economic mobility, and counter the lasting legacy of redlining policies. COMPETITIVE GRANT PROGRAM. (ii) A land bank. (iv) An anchor institution. (v) A nonprofit organization. (vi) A State housing finance agency (as such term is defined in section 106(h) of the Housing and Urban Development Act of 1968 (12 U.S.C. (2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. (C) Low rates of homeownership. (F) High rates of unemployment and underemployment. (G) Population loss. (H) Lack of private sector lending on fair and competitive terms for individuals to purchase homes or start small businesses. The Secretary shall establish thresholds for the criteria of economic distress under this paragraph. Properties supported with assistance under this subparagraph may be converted between rental and homeownership, including shared equity homeownership, upon termination of the lease or transfer of the property during the relevant period of affordability to ensure local community needs are met, properties do not sit vacant, and affordability is preserved. (F) The demonstrated community planning, outreach, and engagement practices of an eligible local partnership. (H) The extent to which existing residents are assisted to prevent displacement. (g) Accountability of Recipients.-- (1) Requirements.--The Secretary shall-- (A) require each grantee under this section to develop and maintain a system to ensure that each recipient of assistance uses such amounts in accordance with this section, the regulations issued under this section, and any requirements or conditions under which such amounts were provided; and (B) establish minimum requirements for agreements between the grantee and the Secretary, regarding assistance from grants under this section, which shall include-- (i) appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the grant to the recipient to ensure compliance with the limitations and requirements of this section and the regulations under this section; and (ii) any other requirements that the Secretary determines are necessary to ensure appropriate grant administration and compliance. (2) Publicly available information.--The Secretary shall make information regarding the results of assistance provided with amounts from grants under this section publicly available, which shall include at least the following information: (A) A list of recipients of grants awarded under this section and the amount of each such grant. (E) The percentage of housing units assisted with grant amounts under this section that are affordable to low-, very low-, and extremely low-income households. (F) The number of such housing units located in areas where the percentage of households in a racial or ethnic minority group-- (i) is at least 20 percentage points higher than the percentage of the population of that minority group for the Metropolitan Statistical Area; (ii) is at least 20 percentage points higher than the percentage of the population of all minorities for the Metropolitan Statistical Area; and (iii) exceeds 50 percent of the population. (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. (5) Neighborhood revitalization support activity.--The term ``neighborhood revitalization support activity'' means an activity described in subsection (b)(3). (6) Non-performing mortgage.--The term ``non-performing'' mortgage means a residential mortgage loan that is 90 days or more delinquent. (j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2021 through 2031. SEC. 4. SELF-HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM.

SHORT TITLE. 2. (7) 2016 data from the United States Census Bureau shows that non-Hispanic, White households have an average net worth of $143,600, while Black households have an average net worth of $12,920, and Hispanic households have an average net worth of $21,420. (10) Funding innovative local neighborhood strategies will allow the United States to close the racial wealth gap, ensure equitable access to housing and economic mobility, and counter the lasting legacy of redlining policies. COMPETITIVE GRANT PROGRAM. (ii) A land bank. (iv) An anchor institution. (v) A nonprofit organization. (vi) A State housing finance agency (as such term is defined in section 106(h) of the Housing and Urban Development Act of 1968 (12 U.S.C. (2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. (C) Low rates of homeownership. (F) High rates of unemployment and underemployment. (G) Population loss. (H) Lack of private sector lending on fair and competitive terms for individuals to purchase homes or start small businesses. The Secretary shall establish thresholds for the criteria of economic distress under this paragraph. Properties supported with assistance under this subparagraph may be converted between rental and homeownership, including shared equity homeownership, upon termination of the lease or transfer of the property during the relevant period of affordability to ensure local community needs are met, properties do not sit vacant, and affordability is preserved. (I) Improving parks, sidewalks, street lighting, and other neighborhood improvements that impact quality of life in the targeted neighborhoods, except that not more than 5 percent of any grant made under this section may be used for activities under this subparagraph. (B) The extent to which the activities proposed will-- (i) in the case of rental housing, benefit households having incomes not exceeding 30 percent of the median income for the area; and (ii) in the case of homeownership housing, including shared equity homeownership, benefit households having incomes not exceeding 80 percent of the median income for the area. (F) The demonstrated community planning, outreach, and engagement practices of an eligible local partnership. (G) The depth and breadth of the community partnership supporting the application. (H) The extent to which existing residents are assisted to prevent displacement. (g) Accountability of Recipients.-- (1) Requirements.--The Secretary shall-- (A) require each grantee under this section to develop and maintain a system to ensure that each recipient of assistance uses such amounts in accordance with this section, the regulations issued under this section, and any requirements or conditions under which such amounts were provided; and (B) establish minimum requirements for agreements between the grantee and the Secretary, regarding assistance from grants under this section, which shall include-- (i) appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the grant to the recipient to ensure compliance with the limitations and requirements of this section and the regulations under this section; and (ii) any other requirements that the Secretary determines are necessary to ensure appropriate grant administration and compliance. (2) Publicly available information.--The Secretary shall make information regarding the results of assistance provided with amounts from grants under this section publicly available, which shall include at least the following information: (A) A list of recipients of grants awarded under this section and the amount of each such grant. (E) The percentage of housing units assisted with grant amounts under this section that are affordable to low-, very low-, and extremely low-income households. (F) The number of such housing units located in areas where the percentage of households in a racial or ethnic minority group-- (i) is at least 20 percentage points higher than the percentage of the population of that minority group for the Metropolitan Statistical Area; (ii) is at least 20 percentage points higher than the percentage of the population of all minorities for the Metropolitan Statistical Area; and (iii) exceeds 50 percent of the population. (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. (4) Land bank.--The term ``land bank'' means a government entity, agency, or program, or a special purpose nonprofit entity formed by one or more units of government in accordance with State or local land bank enabling law, that has been designated by one or more State or local governments to acquire, steward, and dispose of vacant, abandoned, or other problem properties in accordance with locally-determined priorities and goals. (5) Neighborhood revitalization support activity.--The term ``neighborhood revitalization support activity'' means an activity described in subsection (b)(3). (6) Non-performing mortgage.--The term ``non-performing'' mortgage means a residential mortgage loan that is 90 days or more delinquent. 501(c)(3)) and is exempt from taxation under section 501(a) of such Code. (B) Affordability requirements.--Any such program under subparagraph (A) shall-- (i) provide affordable homeownership opportunities to households; and (ii) utilize a ground lease, deed restriction, subordinate loan, or similar legal mechanism that includes provisions ensuring that the program shall-- (I) maintain the home as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (II) apply a resale formula that limits the homeowner's proceeds upon resale; and (III) provide the program administrator or such administrator's assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2021 through 2031. SEC. 4. SELF-HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. 5) Communities continue to suffer from the impact of governmental policies and private sector practices that forbade or discouraged mortgage lending in neighborhoods having significant minority populations. ( (7) 2016 data from the United States Census Bureau shows that non-Hispanic, White households have an average net worth of $143,600, while Black households have an average net worth of $12,920, and Hispanic households have an average net worth of $21,420. ( 11) Despite the strong requirement to affirmatively furthering fair housing under the Fair Housing Act, the lack of accountability measures implemented by the Department of Housing and Urban Development to ensure equitable use of housing and community development dollars in Federal programs has allowed for the perpetuation of the legacy of redlining and neighborhood disinvestment. (12) It is imperative that the Federal Government make funding available for the best local strategies to increase homeownership and preserve home equity in impacted areas, access to safe and affordable rental housing, economic growth, job creation, and to build on local assets to improve communities in ways that affirmatively further fair housing. iii) A fair housing enforcement organization (as such term is defined in section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a)). ( (vii) A community development financial institution (as such term is defined in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5))). ( 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( C) Low rates of homeownership. ( The Secretary shall establish thresholds for the criteria of economic distress under this paragraph. ( D) Providing pre-purchase counseling through housing counselors certified by the Secretary for neighborhood revitalization support activities that provide homeownership opportunities. ( (G) Demolishing abandoned or distressed structures, but only if such activity is part of a strategy that incorporates rehabilitation or new construction and efforts to increase affordable housing and homeownership, except that not more than 10 percent of any grant made under this section may be used for activities under this subparagraph unless the Secretary determines that such use is to replace units in an effort to increase affordable housing or homeownership. ( I) Improving parks, sidewalks, street lighting, and other neighborhood improvements that impact quality of life in the targeted neighborhoods, except that not more than 5 percent of any grant made under this section may be used for activities under this subparagraph. ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. If a property converts between rental and homeownership or shared equity homeownership, the affordability terms of the new tenure type shall be utilized upon occupancy. (c) Applications.-- (1) In general.--To apply to receive a grant under this section, an eligible local partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ( E) The demonstrated capacity of an eligible local partnership to execute the proposed eligible neighborhood revitalization support activities. ( (I) The extent to which the proposed neighborhood revitalization support activities would help close the racial wealth gap by increasing minority homeownership, ensuring equitable access to housing and economic opportunity, and countering the ongoing legacy of redlining policies. ( 3) Geographical diversity.--The Secretary shall seek to make grants under this section for local partnerships serving geographically diverse areas of economic distress as defined in subsection (b)(2), including metropolitan and underserved rural areas. ( (f) Fair Housing Protections.--Funds provided under the program under this section may not be used to deny housing opportunities based on the criminal or eviction history, source of income, or veteran status of any member of a household. ( 2) Publicly available information.--The Secretary shall make information regarding the results of assistance provided with amounts from grants under this section publicly available, which shall include at least the following information: (A) A list of recipients of grants awarded under this section and the amount of each such grant. (B) A description of each neighborhood revitalization support activity carried out by each such recipient and the impacts associated with each such activity, including the change in the rate of minority and first-time homeownership. ( F) The number of such housing units located in areas where the percentage of households in a racial or ethnic minority group-- (i) is at least 20 percentage points higher than the percentage of the population of that minority group for the Metropolitan Statistical Area; (ii) is at least 20 percentage points higher than the percentage of the population of all minorities for the Metropolitan Statistical Area; and (iii) exceeds 50 percent of the population. ( i) Definitions.--In this section: (1) Anchor institution.--The term ``anchor institution'' means a school, a library, a healthcare provider, a community college or other institution of higher education, or another community support organization or entity. ( 2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. ( (3) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. ( 5) Neighborhood revitalization support activity.--The term ``neighborhood revitalization support activity'' means an activity described in subsection (b)(3). ( (8) Shared equity homeownership program.-- (A) In general.--The term ``shared equity homeownership program'' means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities. ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget. (3) NOFA.--The Secretary shall issue a Notice of Funding Availability for grants under this section not later than the expiration of the 180-day period beginning upon the date of the enactment of this Act. SELF-HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. 5) Communities continue to suffer from the impact of governmental policies and private sector practices that forbade or discouraged mortgage lending in neighborhoods having significant minority populations. ( 9) The 2008 Great Recession and the COVID-19 Recession have exacerbated the racial wealth gap. (10) Funding innovative local neighborhood strategies will allow the United States to close the racial wealth gap, ensure equitable access to housing and economic mobility, and counter the lasting legacy of redlining policies. ( v) A nonprofit organization. ( vi) A State housing finance agency (as such term is defined in section 106(h) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(h))). ( (viii) A public housing agency (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))). ( 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( C) Low rates of homeownership. ( Properties supported with assistance under this subparagraph may be converted between rental and homeownership, including shared equity homeownership, upon termination of the lease or transfer of the property during the relevant period of affordability to ensure local community needs are met, properties do not sit vacant, and affordability is preserved. ( D) Providing pre-purchase counseling through housing counselors certified by the Secretary for neighborhood revitalization support activities that provide homeownership opportunities. ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. ( If a property converts between rental and homeownership or shared equity homeownership, the affordability terms of the new tenure type shall be utilized upon occupancy. ( (2) Grant recipient priority selection criteria.--The Secretary shall prioritize awarding grants based on the following criteria: (A) The severity of the locality's indicators of distress under subsection (b)(2). ( D) The extent to which an eligible partnership that includes a public housing agency will use housing choice vouchers to support homeownership for households at or below 60 percent of area median income. ( E) The demonstrated capacity of an eligible local partnership to execute the proposed eligible neighborhood revitalization support activities. ( (d) Operation Costs.--Up to 15 percent of the amount of each grant under this section may be used by the recipient for administrative and organizational support costs. ( e) Technical Assistance and Capacity Building.--The Secretary may reserve up to 1 percent of any funds appropriated to carry out this section for technical assistance activities which support grantees under this program and 1 percent of funds from each grant awarded shall be used to develop grantee capacity to meet the requirements under paragraphs (1) and (2) of subsection (g). ( (D) The total number of housing units for rent, ownership, and shared equity homeownership assisted with grant amounts under this section and the number of bedrooms in each such unit. ( E) The percentage of housing units assisted with grant amounts under this section that are affordable to low-, very low-, and extremely low-income households. ( (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. ( 3) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. ( j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2021 through 2031. ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. 5) Communities continue to suffer from the impact of governmental policies and private sector practices that forbade or discouraged mortgage lending in neighborhoods having significant minority populations. ( 9) The 2008 Great Recession and the COVID-19 Recession have exacerbated the racial wealth gap. (10) Funding innovative local neighborhood strategies will allow the United States to close the racial wealth gap, ensure equitable access to housing and economic mobility, and counter the lasting legacy of redlining policies. ( v) A nonprofit organization. ( vi) A State housing finance agency (as such term is defined in section 106(h) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(h))). ( (viii) A public housing agency (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))). ( 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( C) Low rates of homeownership. ( Properties supported with assistance under this subparagraph may be converted between rental and homeownership, including shared equity homeownership, upon termination of the lease or transfer of the property during the relevant period of affordability to ensure local community needs are met, properties do not sit vacant, and affordability is preserved. ( D) Providing pre-purchase counseling through housing counselors certified by the Secretary for neighborhood revitalization support activities that provide homeownership opportunities. ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. ( If a property converts between rental and homeownership or shared equity homeownership, the affordability terms of the new tenure type shall be utilized upon occupancy. ( (2) Grant recipient priority selection criteria.--The Secretary shall prioritize awarding grants based on the following criteria: (A) The severity of the locality's indicators of distress under subsection (b)(2). ( D) The extent to which an eligible partnership that includes a public housing agency will use housing choice vouchers to support homeownership for households at or below 60 percent of area median income. ( E) The demonstrated capacity of an eligible local partnership to execute the proposed eligible neighborhood revitalization support activities. ( (d) Operation Costs.--Up to 15 percent of the amount of each grant under this section may be used by the recipient for administrative and organizational support costs. ( e) Technical Assistance and Capacity Building.--The Secretary may reserve up to 1 percent of any funds appropriated to carry out this section for technical assistance activities which support grantees under this program and 1 percent of funds from each grant awarded shall be used to develop grantee capacity to meet the requirements under paragraphs (1) and (2) of subsection (g). ( (D) The total number of housing units for rent, ownership, and shared equity homeownership assisted with grant amounts under this section and the number of bedrooms in each such unit. ( E) The percentage of housing units assisted with grant amounts under this section that are affordable to low-, very low-, and extremely low-income households. ( (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. ( 3) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. ( j) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2021 through 2031. ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. 12) It is imperative that the Federal Government make funding available for the best local strategies to increase homeownership and preserve home equity in impacted areas, access to safe and affordable rental housing, economic growth, job creation, and to build on local assets to improve communities in ways that affirmatively further fair housing. ( (vii) A community development financial institution (as such term is defined in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5))). ( 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. I) The extent to which the proposed neighborhood revitalization support activities would help close the racial wealth gap by increasing minority homeownership, ensuring equitable access to housing and economic opportunity, and countering the ongoing legacy of redlining policies. ( 3) Geographical diversity.--The Secretary shall seek to make grants under this section for local partnerships serving geographically diverse areas of economic distress as defined in subsection (b)(2), including metropolitan and underserved rural areas. ( ( 2) Publicly available information.--The Secretary shall make information regarding the results of assistance provided with amounts from grants under this section publicly available, which shall include at least the following information: (A) A list of recipients of grants awarded under this section and the amount of each such grant. ( ( i) Definitions.--In this section: (1) Anchor institution.--The term ``anchor institution'' means a school, a library, a healthcare provider, a community college or other institution of higher education, or another community support organization or entity. ( 3) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. ( ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget. ( 3) NOFA.--The Secretary shall issue a Notice of Funding Availability for grants under this section not later than the expiration of the 180-day period beginning upon the date of the enactment of this Act.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. v) A nonprofit organization. ( 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. ( e) Technical Assistance and Capacity Building.--The Secretary may reserve up to 1 percent of any funds appropriated to carry out this section for technical assistance activities which support grantees under this program and 1 percent of funds from each grant awarded shall be used to develop grantee capacity to meet the requirements under paragraphs (1) and (2) of subsection (g). ( ( ( (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. 12) It is imperative that the Federal Government make funding available for the best local strategies to increase homeownership and preserve home equity in impacted areas, access to safe and affordable rental housing, economic growth, job creation, and to build on local assets to improve communities in ways that affirmatively further fair housing. ( (vii) A community development financial institution (as such term is defined in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5))). ( 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. I) The extent to which the proposed neighborhood revitalization support activities would help close the racial wealth gap by increasing minority homeownership, ensuring equitable access to housing and economic opportunity, and countering the ongoing legacy of redlining policies. ( 3) Geographical diversity.--The Secretary shall seek to make grants under this section for local partnerships serving geographically diverse areas of economic distress as defined in subsection (b)(2), including metropolitan and underserved rural areas. ( ( 2) Publicly available information.--The Secretary shall make information regarding the results of assistance provided with amounts from grants under this section publicly available, which shall include at least the following information: (A) A list of recipients of grants awarded under this section and the amount of each such grant. ( ( i) Definitions.--In this section: (1) Anchor institution.--The term ``anchor institution'' means a school, a library, a healthcare provider, a community college or other institution of higher education, or another community support organization or entity. ( 3) Community land trust.--The term ``community land trust''' means a nonprofit organization or State or local governments or instrumentalities that-- (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to-- (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. ( ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget. ( 3) NOFA.--The Secretary shall issue a Notice of Funding Availability for grants under this section not later than the expiration of the 180-day period beginning upon the date of the enactment of this Act.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. v) A nonprofit organization. ( 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. ( e) Technical Assistance and Capacity Building.--The Secretary may reserve up to 1 percent of any funds appropriated to carry out this section for technical assistance activities which support grantees under this program and 1 percent of funds from each grant awarded shall be used to develop grantee capacity to meet the requirements under paragraphs (1) and (2) of subsection (g). ( ( ( (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. 3) Geographical diversity.--The Secretary shall seek to make grants under this section for local partnerships serving geographically diverse areas of economic distress as defined in subsection (b)(2), including metropolitan and underserved rural areas. ( ( ( ( i) Definitions.--In this section: (1) Anchor institution.--The term ``anchor institution'' means a school, a library, a healthcare provider, a community college or other institution of higher education, or another community support organization or entity. ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget. (

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. v) A nonprofit organization. ( 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. ( e) Technical Assistance and Capacity Building.--The Secretary may reserve up to 1 percent of any funds appropriated to carry out this section for technical assistance activities which support grantees under this program and 1 percent of funds from each grant awarded shall be used to develop grantee capacity to meet the requirements under paragraphs (1) and (2) of subsection (g). ( ( ( (2) Appropriate congressional committees.--The term ``appropriate Congressional Committees'' means the following: (A) The Committees on Financial Services and Appropriations of the House of Representatives. ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget.

To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes. 2) Eligible locality.--For the purposes of this section, an eligible locality is a geographic area or areas at the neighborhood or county level that meet at least four of the following objective criteria of economic distress: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. ( ( (4) Affordability terms.-- (A) Rental units.--In the case of property assisted pursuant to paragraph (3) containing any dwelling units that are made available for rental-- (i) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (ii) such units shall remain affordable for at least 30 years; (iii) such property may be a mixed-use property; and (iv) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. 3) Geographical diversity.--The Secretary shall seek to make grants under this section for local partnerships serving geographically diverse areas of economic distress as defined in subsection (b)(2), including metropolitan and underserved rural areas. ( ( ( ( i) Definitions.--In this section: (1) Anchor institution.--The term ``anchor institution'' means a school, a library, a healthcare provider, a community college or other institution of higher education, or another community support organization or entity. ( 2) Set aside.--The Secretary shall award at least $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget. (

Restoring Communities Left Behind Act This bill directs the Department of Housing and Urban Development (HUD) to establish a competitive grant program to award competitive grants to eligible local partnerships to carry out more than one neighborhood revitalization support activity in an eligible locality. A local partnership is eligible to receive a grant if it includes a national or local nonprofit organization with expertise in community planning, engagement, organizing, Directs the Secretary of Housing and Urban Development (HUD) to establish a program of neighborhood revitalization support activities to provide assistance to existing residents experiencing economic distress or at risk of displacement with homeowner rehabilitation assistance, weatherization, improved housing accessibility and livability for seniors and persons with disabilities, energy efficiency improvements, refinancing, housing counseling, property tax relief, clearing and obtaining formal title, Directs the Secretary of Housing and Urban Development (HUD) to: (1) require each grantee to develop and maintain a system to ensure that each recipient of assistance uses such amounts in accordance with this Act, the regulations issued under it, and any requirements or conditions under which such amounts were provided; and (2) establish minimum requirements for agreements between the grantee and HUD regarding Authorizes appropriations for FY 2021 through 2031 for the Self-Help Homeownership Opportunity Program and the Housing Opportunity Program Extension Act of 1996. (Sec. 4) Directs the Secretary of Housing and Urban Development to award at least $500 million,000 of such amounts to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area.

H.R.1238

Immigration

Protection of Kids in Immigrant Detention Act or PROKID Act This bill establishes the Office of the Ombudsperson for Immigrant Children in Government Custody within the Department of Health and Human Services (HHS). The office shall ensure that if government detention of an immigrant child is necessary, that child is held in the least restrictive setting. The office shall also advocate for (1) the quick and safe release of such a detained child, and (2) a child who was detained with family to be released concurrently with a parent or legal guardian. The office's duties shall include (1) monitoring facilities with immigrant children held in government custody to ensure compliance with applicable laws and standards, (2) investigating claims of mistreatment and complaints against foster care providers, (3) reviewing contested decisions about the placement of an immigrant child, and (4) reviewing data from HHS and the Department of Homeland Security (DHS) relating to such children. The office may also offer individual case assistance to such a detained child who requires expedited processing or elevated attention. The office may also issue subpoenas with HHS approval. DHS and HHS must ensure that the office has the ability to conduct investigative and monitoring activities, including by providing unobstructed access to any detention facility with immigrant children. The office and DHS shall enter into a memorandum of understanding to coordinate oversight between DHS and HHS. The bill also establishes an expert advisory committee to assist the office and an interagency working group to identify and discuss concerns related to detained immigrant children.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. SEC. 2. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the expert advisory committee established under section 5(a). (2) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement. (3) Facility.--The term ``facility''-- (A) means a location at which 1 or more immigrant children are detained by the Government or held in Government custody; and (B) includes-- (i) an Office of Refugee Resettlement facility; and (ii) a Department of Homeland Security facility, including-- (I) a U.S. Customs and Border Protection temporary holding facility and transportation contractor; (II) a U.S. Immigration and Customs Enforcement family detention facility; (III) a U.S. Immigration and Customs Enforcement juvenile facility; (IV) a location operated by a private entity, including a hotel room; and (V) any other location at which the Department of Homeland Security detains or holds in custody an immigrant child. (4) Flores settlement agreement.--The term ``Flores settlement agreement'' means the stipulated settlement agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544- RJK). (5) Immigrant child.--The term ``immigrant child'' means an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) under the age of 18 years. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (7) Office of refugee resettlement facility.--The term ``Office of Refugee Resettlement facility''-- (A) means-- (i) a shelter; (ii) staff secure, secure care, or transitional foster care housing; or (iii) any other location operated by the Office of Refugee Resettlement to hold immigrant children; and (B) includes an in-network facility and an out-of- network facility. (8) Ombudsperson.--The term ``Ombudsperson'' means the ombudsperson appointed under section 3(c). (9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. (10) Unobstructed access.--The term ``unobstructed access'' means-- (A) with respect to a facility, the ability to enter the facility, including unannounced, to tour and physically visit all areas of the facility; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Director or the Secretary of Homeland Security, as applicable. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). SEC. 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (a) Establishment.--There is established, within the Department of Health and Human Services, an Office of the Ombudsperson for Immigrant Children in Government Custody (referred to in this section as the ``Office of the Ombudsperson'')-- (1) to endorse and support the principle that family separation and detention are generally not in a child's best interest; and (2) in cases in which detention or Government custody is required-- (A) to ensure that immigrant children are only detained or held in Government custody in the least restrictive setting; (B) to advocate for the quick, safe, and efficient release of immigrant children from detention or Government custody whenever possible; and (C) in any case in which an immigrant child is held in Department of Homeland Security custody together with his or her family unit, to advocate for the release of the child and concurrent release of the parent or legal guardian of the child. (b) Independence.--The Office of the Ombudsperson shall be an impartial, confidential resource fully independent of-- (1) the Office of Refugee Resettlement of the Department of Health and Human Services; and (2) the Department of Homeland Security. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. (3) Duties and authorities.-- (A) Monitoring.--The Ombudsperson shall monitor facilities for compliance with applicable law and standards, including-- (i) the Flores settlement agreement; (ii) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); (iii) the applicable provisions of the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.); (iv) the standards of U.S. Customs and Border Protection entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015; and (v) internal Office of Refugee Resettlement policy guidance, including the guidance entitled ``ORR Policy Guide: Children Entering the United States Unaccompanied'' issued on January 30, 2015. (B) Investigations.-- (i) In general.--The Ombudsperson shall investigate-- (I) claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; and (II) complaints against foster care providers, including foster care providers under State oversight. (ii) Reporting of state licensing violations.--If in the course of an investigation under clause (i)(II) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State. (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (II) Recommendation to director.-- If, in carrying out such a review, the Ombudsperson determines that such placement decision was erroneous, the Ombudsperson shall-- (aa) submit to the Director a recommendation for further action; and (bb) make a copy of the recommendation available to-- (AA) the immigrant child; and (BB) if applicable, the immigrant child's attorney and child advocate. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (bb) Nondelegation.--The Director may not delegate the requirement to issue a written statement under this subclause. (iii) Civil action not precluded.--Review by the Ombudsperson under this subparagraph shall not preclude an immigrant child, or the attorney, child advocate, parent, or prospective sponsor of the immigrant child, from simultaneously commencing a civil action in any appropriate district court of the United States. (D) Stakeholder meetings.--Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, Flores settlement agreement class counsel, and the Flores settlement agreement court- appointed monitor to participate in a meeting-- (i) to ensure that the Ombudsperson is aware of stakeholder concerns and priorities; and (ii) to provide feedback on stakeholder requests. (E) Regional offices.--The Ombudsperson shall establish regional offices of the Office of the Ombudsperson-- (i) to ensure the inclusion of pertinent local and regional issues, trends, and challenges for consideration by the Ombudsperson; (ii) to strengthen State oversight; (iii) to coordinate with State licensing entities; and (iv) to identify and address differences among State child protection laws. (F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. (ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. (ii) Timeline for production of information.--To prevent undue delay of the placement of an immigrant child, requirements set forth in a subpoena under clause (i)(I) shall be satisfactorily fulfilled not later than 7 days after the date on which the Ombudsperson issues the subpoena. (H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. (I) Report to congress.-- (i) In general.--Not later than September 30 each year, the Ombudsperson shall submit to Congress a report on the accomplishments and challenges of the Office of the Ombudsperson during the fiscal year ending on that date. (ii) Elements.--Each report required by clause (i) shall include, for the applicable fiscal year, the following: (I) A summary of the status of immigrant children in Government custody that highlights broader trends and recommendations for future action. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. (III) A summary of complaints received and proposed resolutions. (IV) A detailed description of any investigation into a claim of abuse, neglect, or mistreatment of an immigrant child in Government custody, including a summary of the results of any such investigation. (V) A description of the objectives of the Office of the Ombudsperson for the next fiscal year. (J) Additional duties.--The Ombudsperson shall-- (i) conduct a review of data collection, as described in section 4(a); (ii) establish the Committee, as described in section 5; and (iii) enter into a memorandum of understanding, as described in section 6(a). (d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. (e) Access to Information.--The Secretary of Health and Human Services shall ensure unobstructed access by the Ombudsperson to-- (1) the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of an immigrant child; and (2) the written policies and procedures of all Office of Refugee Resettlement facilities. SEC. 4. DATA COLLECTION. (a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. (2) Collaboration required.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall provide the Ombudsperson unobstructed access to-- (A) real-time custody and detention data for each immigrant child detained by the Government or held in Government custody, including-- (i) the location and level of placement; (ii) biographical information, including full name, date of birth, country of citizenship, and alien number; (iii) all locations at which the immigrant child has been detained or held in custody; (iv) the dates and times the immigrant child is booked in and booked out of any facility; and (v) transfer and discharge information; and (B) Department of Homeland Security and Department of Health and Human Services data personnel for the purpose of reviewing data collection and integrity issues. (b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (B) The average and median number of days immigrant children remain in such custody, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (C) The average and median number of days immigrant children stay in an Office of Refugee Resettlement facility, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (D) The number of immigrant children discharged to sponsors, disaggregated by sponsor category, placement level, specific Office of Refugee Resettlement facility, and age. (E) The sponsor categories of immigrant children held at each Office of Refugee Resettlement facility, disaggregated by placement level and age. (F) The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level and age. (G) The percentage of filled capacity across all Office of Refugee Resettlement facilities. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. (I) For each Office of Refugee Resettlement facility-- (i) the percentage of filled capacity; (ii) the maximum number of available beds; (iii) the number and percentage of immigrant children with disabilities, disaggregated by placement level and age; and (iv) the number and percentage of immigrant children receiving mandatory home studies, discretionary home studies, and post-release services, disaggregated by placement level and age. (2) Publication.--Not later than the 15th of each month, the Director shall make the data collected under paragraph (1) for the preceding month available to the public on the internet website of the Office of Refugee Resettlement. (c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. SEC. 5. EXPERT ADVISORY COMMITTEE. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. (b) Membership.--The members of the Committee shall-- (1) be appointed by the Ombudsperson; (2) represent various geographical regions; and (3) be comprised of subject matter experts, including-- (A) legal advocates or specialists in the fields of child and family welfare, immigration, and human rights; (B) pediatricians or other appropriate pediatric health care experts; (C) child or adolescent psychiatrists or psychologists; (D) social workers; (E) data analysis experts; and (F) any other relevant subject matter expert. (c) Meetings.--The Committee shall meet not less frequently than quarterly. (d) Duties.--The Committee shall regularly-- (1) review facility compliance with applicable law and standards relating to Government detention and custody of immigrant children, including the Flores settlement agreement and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and (2) submit to the Ombudsperson recommendations for improvement. (e) Site Visits.--The Committee may designate 1 or more individuals who shall have the authority-- (1) to carry out facility site visits; and (2) interview immigrant children held in Government custody, after notification of counsel, as applicable. SEC. 6. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (a) Memorandum of Understanding.-- (1) In general.--On the date of the enactment of this Act, the Secretary of Homeland Security and the Ombudsperson shall enter into a memorandum of understanding to coordinate oversight between the Department of Homeland Security and the Department of Health and Human Services. (2) Elements.--The memorandum of understanding required by paragraph (1) shall do the following: (A) Require the Secretary of Homeland Security to provide information to the Ombudsperson with respect to each immigrant child detained by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or who is otherwise in the custody of the Secretary of Homeland Security, including-- (i) the location of the immigrant child; (ii) biographical information, including full name, date of birth, country of citizenship, and alien number; (iii) all locations at which the immigrant child has been so detained or held in Department of Homeland Security custody; (iv) exact times at which the immigrant child was booked in and booked out of such custody; (v) the date on which the immigrant child is released from such custody or transferred to the custody of the Secretary of Health and Human Services; (vi) in the case of an immigrant child who remains in Department of Homeland Security custody for more than 72 hours, the reason for such continued custody; and (vii) any other information the Ombudsperson considers relevant to the oversight and monitoring duties described in section 3(c)(3). (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (C) Provide the Ombudsperson and the Committee full and unobstructed access to-- (i) Department of Homeland Security facilities for regular site visits; and (ii) the written policies and procedures of Department of Homeland Security facilities. (3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. (b) Interagency Working Group.-- (1) Establishment.--There is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. (3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. SEC. 7. RULE OF CONSTRUCTION. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States. <all>

Protection of Kids in Immigrant Detention Act

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes.

PROKID Act Protection of Kids in Immigrant Detention Act

Rep. Jayapal, Pramila

D

WA

This bill establishes the Office of the Ombudsperson for Immigrant Children in Government Custody within the Department of Health and Human Services (HHS). The office shall ensure that if government detention of an immigrant child is necessary, that child is held in the least restrictive setting. The office shall also advocate for (1) the quick and safe release of such a detained child, and (2) a child who was detained with family to be released concurrently with a parent or legal guardian. The office's duties shall include (1) monitoring facilities with immigrant children held in government custody to ensure compliance with applicable laws and standards, (2) investigating claims of mistreatment and complaints against foster care providers, (3) reviewing contested decisions about the placement of an immigrant child, and (4) reviewing data from HHS and the Department of Homeland Security (DHS) relating to such children. The office may also offer individual case assistance to such a detained child who requires expedited processing or elevated attention. The office may also issue subpoenas with HHS approval. DHS and HHS must ensure that the office has the ability to conduct investigative and monitoring activities, including by providing unobstructed access to any detention facility with immigrant children. The office and DHS shall enter into a memorandum of understanding to coordinate oversight between DHS and HHS. The bill also establishes an expert advisory committee to assist the office and an interagency working group to identify and discuss concerns related to detained immigrant children.

This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. 2. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. 4. DATA COLLECTION. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. 5. EXPERT ADVISORY COMMITTEE. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. SEC. 7. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. 2. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. 4. DATA COLLECTION. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. 5. EXPERT ADVISORY COMMITTEE. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. SEC. 7. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. 2. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (10) Unobstructed access.--The term ``unobstructed access'' means-- (A) with respect to a facility, the ability to enter the facility, including unannounced, to tour and physically visit all areas of the facility; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Director or the Secretary of Homeland Security, as applicable. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. (B) Investigations.-- (i) In general.--The Ombudsperson shall investigate-- (I) claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; and (II) complaints against foster care providers, including foster care providers under State oversight. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. (V) A description of the objectives of the Office of the Ombudsperson for the next fiscal year. 4. DATA COLLECTION. (G) The percentage of filled capacity across all Office of Refugee Resettlement facilities. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. 5. EXPERT ADVISORY COMMITTEE. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. (3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. SEC. 7. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

SHORT TITLE. This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. 2. DEFINITIONS. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (10) Unobstructed access.--The term ``unobstructed access'' means-- (A) with respect to a facility, the ability to enter the facility, including unannounced, to tour and physically visit all areas of the facility; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Director or the Secretary of Homeland Security, as applicable. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. 30301 et seq. ); (iv) the standards of U.S. Customs and Border Protection entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015; and (v) internal Office of Refugee Resettlement policy guidance, including the guidance entitled ``ORR Policy Guide: Children Entering the United States Unaccompanied'' issued on January 30, 2015. (B) Investigations.-- (i) In general.--The Ombudsperson shall investigate-- (I) claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; and (II) complaints against foster care providers, including foster care providers under State oversight. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. (V) A description of the objectives of the Office of the Ombudsperson for the next fiscal year. 4. DATA COLLECTION. (G) The percentage of filled capacity across all Office of Refugee Resettlement facilities. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. (2) Publication.--Not later than the 15th of each month, the Director shall make the data collected under paragraph (1) for the preceding month available to the public on the internet website of the Office of Refugee Resettlement. 5. EXPERT ADVISORY COMMITTEE. 1232); and (2) submit to the Ombudsperson recommendations for improvement. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. (3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. SEC. 7. RULE OF CONSTRUCTION. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. In this Act: (1) Committee.--The term ``Committee'' means the expert advisory committee established under section 5(a). ( (5) Immigrant child.--The term ``immigrant child'' means an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) under the age of 18 years. ( 9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. ( iv) the standards of U.S. Customs and Border Protection entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015; and (v) internal Office of Refugee Resettlement policy guidance, including the guidance entitled ``ORR Policy Guide: Children Entering the United States Unaccompanied'' issued on January 30, 2015. ( (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. ( (iii) Civil action not precluded.--Review by the Ombudsperson under this subparagraph shall not preclude an immigrant child, or the attorney, child advocate, parent, or prospective sponsor of the immigrant child, from simultaneously commencing a civil action in any appropriate district court of the United States. ( D) Stakeholder meetings.--Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, Flores settlement agreement class counsel, and the Flores settlement agreement court- appointed monitor to participate in a meeting-- (i) to ensure that the Ombudsperson is aware of stakeholder concerns and priorities; and (ii) to provide feedback on stakeholder requests. ( (ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. ( H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. ( I) Report to congress.-- (i) In general.--Not later than September 30 each year, the Ombudsperson shall submit to Congress a report on the accomplishments and challenges of the Office of the Ombudsperson during the fiscal year ending on that date. ( (d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( B) The average and median number of days immigrant children remain in such custody, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (C) The average and median number of days immigrant children stay in an Office of Refugee Resettlement facility, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( E) The sponsor categories of immigrant children held at each Office of Refugee Resettlement facility, disaggregated by placement level and age. ( (c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( (e) Site Visits.--The Committee may designate 1 or more individuals who shall have the authority-- (1) to carry out facility site visits; and (2) interview immigrant children held in Government custody, after notification of counsel, as applicable. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. ( B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (C) Provide the Ombudsperson and the Committee full and unobstructed access to-- (i) Department of Homeland Security facilities for regular site visits; and (ii) the written policies and procedures of Department of Homeland Security facilities. ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( 3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. RULE OF CONSTRUCTION.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. 7) Office of refugee resettlement facility.--The term ``Office of Refugee Resettlement facility''-- (A) means-- (i) a shelter; (ii) staff secure, secure care, or transitional foster care housing; or (iii) any other location operated by the Office of Refugee Resettlement to hold immigrant children; and (B) includes an in-network facility and an out-of- network facility. ( (9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. ( II) Recommendation to director.-- If, in carrying out such a review, the Ombudsperson determines that such placement decision was erroneous, the Ombudsperson shall-- (aa) submit to the Director a recommendation for further action; and (bb) make a copy of the recommendation available to-- (AA) the immigrant child; and (BB) if applicable, the immigrant child's attorney and child advocate. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. ( F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( ii) Timeline for production of information.--To prevent undue delay of the placement of an immigrant child, requirements set forth in a subpoena under clause (i)(I) shall be satisfactorily fulfilled not later than 7 days after the date on which the Ombudsperson issues the subpoena. ( (J) Additional duties.--The Ombudsperson shall-- (i) conduct a review of data collection, as described in section 4(a); (ii) establish the Committee, as described in section 5; and (iii) enter into a memorandum of understanding, as described in section 6(a). ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( (b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( F) The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level and age. ( c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( d) Duties.--The Committee shall regularly-- (1) review facility compliance with applicable law and standards relating to Government detention and custody of immigrant children, including the Flores settlement agreement and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and (2) submit to the Ombudsperson recommendations for improvement. ( B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( b) Interagency Working Group.-- (1) Establishment.--There is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities. (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. 7) Office of refugee resettlement facility.--The term ``Office of Refugee Resettlement facility''-- (A) means-- (i) a shelter; (ii) staff secure, secure care, or transitional foster care housing; or (iii) any other location operated by the Office of Refugee Resettlement to hold immigrant children; and (B) includes an in-network facility and an out-of- network facility. ( (9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. ( II) Recommendation to director.-- If, in carrying out such a review, the Ombudsperson determines that such placement decision was erroneous, the Ombudsperson shall-- (aa) submit to the Director a recommendation for further action; and (bb) make a copy of the recommendation available to-- (AA) the immigrant child; and (BB) if applicable, the immigrant child's attorney and child advocate. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. ( F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( ii) Timeline for production of information.--To prevent undue delay of the placement of an immigrant child, requirements set forth in a subpoena under clause (i)(I) shall be satisfactorily fulfilled not later than 7 days after the date on which the Ombudsperson issues the subpoena. ( (J) Additional duties.--The Ombudsperson shall-- (i) conduct a review of data collection, as described in section 4(a); (ii) establish the Committee, as described in section 5; and (iii) enter into a memorandum of understanding, as described in section 6(a). ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( (b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( F) The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level and age. ( c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( d) Duties.--The Committee shall regularly-- (1) review facility compliance with applicable law and standards relating to Government detention and custody of immigrant children, including the Flores settlement agreement and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and (2) submit to the Ombudsperson recommendations for improvement. ( B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( b) Interagency Working Group.-- (1) Establishment.--There is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities. (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. 9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( ( ( (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. ( H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( 3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. RULE OF CONSTRUCTION.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. 9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( ( ( (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. ( H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( 3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. RULE OF CONSTRUCTION.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. ( a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. ( a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. (

Protection of Kids in Immigrant Detention Act or PROKID Act - Establishes within the Department of Health and Human Services (HHS) an Office of the Ombudsperson for Immigrant Children in Government Custody to: (1) endorse and support the principle that family separation and detention are generally in a child's best interest; and (2) ensure that Directs the Ombudsperson to provide oversight of the Director of Refugee Resettlement by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. (Provides for: (1) an expedited review of contested placement decisions; (2) a recommendation for further action Directs the Ombudsperson to regularly review data collected by the Secretary of Health and Human Services (HHS) and the Department of Homeland Security (DHS) relating to immigrant children in facilities. (Sec. 4) Requires HHS and DHS to provide unobstructed access to: (1) real-time custody and detention data for each immigrant child detained by the government or Directs the Comptroller General to evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (Sec. 7) Establishes an interagency working group to identify and discuss concerns relating to immigrant children in facilities. Requires the Working Group to: (1) hold meetings at

S.382

Immigration

Protection of Kids in Immigrant Detention Act or PROKID Act This bill establishes the Office of the Ombudsperson for Immigrant Children in Government Custody within the Department of Health and Human Services (HHS). The office shall ensure that if government detention of an immigrant child is necessary, that child is held in the least restrictive setting. The office shall also advocate for (1) the quick and safe release of such a detained child, and (2) a child who was detained with family to be released concurrently with a parent or legal guardian. The office's duties shall include (1) monitoring facilities with immigrant children held in government custody to ensure compliance with applicable laws and standards, (2) investigating claims of mistreatment and complaints against foster care providers, (3) reviewing contested decisions about the placement of an immigrant child, and (4) reviewing data from HHS and the Department of Homeland Security (DHS) relating to such children. The office may also offer individual case assistance to such a detained child who requires expedited processing or elevated attention. The office may also issue subpoenas with HHS approval. DHS and HHS must ensure that the office has the ability to conduct investigative and monitoring activities, including by providing unobstructed access to any detention facility with immigrant children. The office and DHS shall enter into a memorandum of understanding to coordinate oversight between DHS and HHS. The bill also establishes an expert advisory committee to assist the office and an interagency working group to identify and discuss concerns related to detained immigrant children.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. SEC. 2. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the expert advisory committee established under section 5(a). (2) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement. (3) Facility.--The term ``facility''-- (A) means a location at which 1 or more immigrant children are detained by the Government or held in Government custody; and (B) includes-- (i) an Office of Refugee Resettlement facility; and (ii) a Department of Homeland Security facility, including-- (I) a U.S. Customs and Border Protection temporary holding facility and transportation contractor; (II) a U.S. Immigration and Customs Enforcement family detention facility; (III) a U.S. Immigration and Customs Enforcement juvenile facility; (IV) a location operated by a private entity, including a hotel room; and (V) any other location at which the Department of Homeland Security detains or holds in custody an immigrant child. (4) Flores settlement agreement.--The term ``Flores settlement agreement'' means the stipulated settlement agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544- RJK). (5) Immigrant child.--The term ``immigrant child'' means an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) under the age of 18 years. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (7) Office of refugee resettlement facility.--The term ``Office of Refugee Resettlement facility''-- (A) means-- (i) a shelter; (ii) staff secure, secure care, or transitional foster care housing; or (iii) any other location operated by the Office of Refugee Resettlement to hold immigrant children; and (B) includes an in-network facility and an out-of- network facility. (8) Ombudsperson.--The term ``Ombudsperson'' means the ombudsperson appointed under section 3(c). (9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. (10) Unobstructed access.--The term ``unobstructed access'' means-- (A) with respect to a facility, the ability to enter the facility, including unannounced, to tour and physically visit all areas of the facility; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Director or the Secretary of Homeland Security, as applicable. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). SEC. 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (a) Establishment.--There is established, within the Department of Health and Human Services, an Office of the Ombudsperson for Immigrant Children in Government Custody (referred to in this section as the ``Office of the Ombudsperson'')-- (1) to endorse and support the principle that family separation and detention are generally not in a child's best interest; and (2) in cases in which detention or Government custody is required-- (A) to ensure that immigrant children are only detained or held in Government custody in the least restrictive setting; (B) to advocate for the quick, safe, and efficient release of immigrant children from detention or Government custody whenever possible; and (C) in any case in which an immigrant child is held in Department of Homeland Security custody together with his or her family unit, to advocate for the release of the child and concurrent release of the parent or legal guardian of the child. (b) Independence.--The Office of the Ombudsperson shall be an impartial, confidential resource fully independent of-- (1) the Office of Refugee Resettlement of the Department of Health and Human Services; and (2) the Department of Homeland Security. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. (3) Duties and authorities.-- (A) Monitoring.--The Ombudsperson shall monitor facilities for compliance with applicable law and standards, including-- (i) the Flores settlement agreement; (ii) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); (iii) the applicable provisions of the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.); (iv) the standards of U.S. Customs and Border Protection entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015; and (v) internal Office of Refugee Resettlement policy guidance, including the guidance entitled ``ORR Policy Guide: Children Entering the United States Unaccompanied'' issued on January 30, 2015. (B) Investigations.-- (i) In general.--The Ombudsperson shall investigate-- (I) claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; and (II) complaints against foster care providers, including foster care providers under State oversight. (ii) Reporting of state licensing violations.--If in the course of an investigation under clause (i)(II) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State. (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (II) Recommendation to director.-- If, in carrying out such a review, the Ombudsperson determines that such placement decision was erroneous, the Ombudsperson shall-- (aa) submit to the Director a recommendation for further action; and (bb) make a copy of the recommendation available to-- (AA) the immigrant child; and (BB) if applicable, the immigrant child's attorney and child advocate. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (bb) Nondelegation.--The Director may not delegate the requirement to issue a written statement under this subclause. (iii) Civil action not precluded.--Review by the Ombudsperson under this subparagraph shall not preclude an immigrant child, or the attorney, child advocate, parent, or prospective sponsor of the immigrant child, from simultaneously commencing a civil action in any appropriate district court of the United States. (D) Stakeholder meetings.--Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, Flores settlement agreement class counsel, and the Flores settlement agreement court- appointed monitor to participate in a meeting-- (i) to ensure that the Ombudsperson is aware of stakeholder concerns and priorities; and (ii) to provide feedback on stakeholder requests. (E) Regional offices.--The Ombudsperson shall establish regional offices of the Office of the Ombudsperson-- (i) to ensure the inclusion of pertinent local and regional issues, trends, and challenges for consideration by the Ombudsperson; (ii) to strengthen State oversight; (iii) to coordinate with State licensing entities; and (iv) to identify and address differences among State child protection laws. (F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. (ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. (ii) Timeline for production of information.--To prevent undue delay of the placement of an immigrant child, requirements set forth in a subpoena under clause (i)(I) shall be satisfactorily fulfilled not later than 7 days after the date on which the Ombudsperson issues the subpoena. (H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. (I) Report to congress.-- (i) In general.--Not later than September 30 each year, the Ombudsperson shall submit to Congress a report on the accomplishments and challenges of the Office of the Ombudsperson during the fiscal year ending on that date. (ii) Elements.--Each report required by clause (i) shall include, for the applicable fiscal year, the following: (I) A summary of the status of immigrant children in Government custody that highlights broader trends and recommendations for future action. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. (III) A summary of complaints received and proposed resolutions. (IV) A detailed description of any investigation into a claim of abuse, neglect, or mistreatment of an immigrant child in Government custody, including a summary of the results of any such investigation. (V) A description of the objectives of the Office of the Ombudsperson for the next fiscal year. (J) Additional duties.--The Ombudsperson shall-- (i) conduct a review of data collection, as described in section 4(a); (ii) establish the Committee, as described in section 5; and (iii) enter into a memorandum of understanding, as described in section 6(a). (d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. (e) Access to Information.--The Secretary of Health and Human Services shall ensure unobstructed access by the Ombudsperson to-- (1) the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of an immigrant child; and (2) the written policies and procedures of all Office of Refugee Resettlement facilities. SEC. 4. DATA COLLECTION. (a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. (2) Collaboration required.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall provide the Ombudsperson unobstructed access to-- (A) real-time custody and detention data for each immigrant child detained by the Government or held in Government custody, including-- (i) the location and level of placement; (ii) biographical information, including full name, date of birth, country of citizenship, and alien number; (iii) all locations at which the immigrant child has been detained or held in custody; (iv) the dates and times the immigrant child is booked in and booked out of any facility; and (v) transfer and discharge information; and (B) Department of Homeland Security and Department of Health and Human Services data personnel for the purpose of reviewing data collection and integrity issues. (b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (B) The average and median number of days immigrant children remain in such custody, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (C) The average and median number of days immigrant children stay in an Office of Refugee Resettlement facility, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (D) The number of immigrant children discharged to sponsors, disaggregated by sponsor category, placement level, specific Office of Refugee Resettlement facility, and age. (E) The sponsor categories of immigrant children held at each Office of Refugee Resettlement facility, disaggregated by placement level and age. (F) The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level and age. (G) The percentage of filled capacity across all Office of Refugee Resettlement facilities. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. (I) For each Office of Refugee Resettlement facility-- (i) the percentage of filled capacity; (ii) the maximum number of available beds; (iii) the number and percentage of immigrant children with disabilities, disaggregated by placement level and age; and (iv) the number and percentage of immigrant children receiving mandatory home studies, discretionary home studies, and post-release services, disaggregated by placement level and age. (2) Publication.--Not later than the 15th of each month, the Director shall make the data collected under paragraph (1) for the preceding month available to the public on the internet website of the Office of Refugee Resettlement. (c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. SEC. 5. EXPERT ADVISORY COMMITTEE. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. (b) Membership.--The members of the Committee shall-- (1) be appointed by the Ombudsperson; (2) represent various geographical regions; and (3) be comprised of subject matter experts, including-- (A) legal advocates or specialists in the fields of child and family welfare, immigration, and human rights; (B) pediatricians or other appropriate pediatric health care experts; (C) child or adolescent psychiatrists or psychologists; (D) social workers; (E) data analysis experts; and (F) any other relevant subject matter expert. (c) Meetings.--The Committee shall meet not less frequently than quarterly. (d) Duties.--The Committee shall regularly-- (1) review facility compliance with applicable law and standards relating to Government detention and custody of immigrant children, including the Flores settlement agreement and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and (2) submit to the Ombudsperson recommendations for improvement. (e) Site Visits.--The Committee may designate 1 or more individuals who shall have the authority-- (1) to carry out facility site visits; and (2) interview immigrant children held in Government custody, after notification of counsel, as applicable. SEC. 6. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (a) Memorandum of Understanding.-- (1) In general.--On the date of the enactment of this Act, the Secretary of Homeland Security and the Ombudsperson shall enter into a memorandum of understanding to coordinate oversight between the Department of Homeland Security and the Department of Health and Human Services. (2) Elements.--The memorandum of understanding required by paragraph (1) shall do the following: (A) Require the Secretary of Homeland Security to provide information to the Ombudsperson with respect to each immigrant child detained by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or who is otherwise in the custody of the Secretary of Homeland Security, including-- (i) the location of the immigrant child; (ii) biographical information, including full name, date of birth, country of citizenship, and alien number; (iii) all locations at which the immigrant child has been so detained or held in Department of Homeland Security custody; (iv) exact times at which the immigrant child was booked in and booked out of such custody; (v) the date on which the immigrant child is released from such custody or transferred to the custody of the Secretary of Health and Human Services; (vi) in the case of an immigrant child who remains in Department of Homeland Security custody for more than 72 hours, the reason for such continued custody; and (vii) any other information the Ombudsperson considers relevant to the oversight and monitoring duties described in section 3(c)(3). (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (C) Provide the Ombudsperson and the Committee full and unobstructed access to-- (i) Department of Homeland Security facilities for regular site visits; and (ii) the written policies and procedures of Department of Homeland Security facilities. (3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. (b) Interagency Working Group.-- (1) Establishment.--There is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. (3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. SEC. 7. RULE OF CONSTRUCTION. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States. <all>

PROKID Act

A bill to establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes.

PROKID Act Protection of Kids in Immigrant Detention Act

Sen. Gillibrand, Kirsten E.

D

NY

This bill establishes the Office of the Ombudsperson for Immigrant Children in Government Custody within the Department of Health and Human Services (HHS). The office shall ensure that if government detention of an immigrant child is necessary, that child is held in the least restrictive setting. The office shall also advocate for (1) the quick and safe release of such a detained child, and (2) a child who was detained with family to be released concurrently with a parent or legal guardian. The office's duties shall include (1) monitoring facilities with immigrant children held in government custody to ensure compliance with applicable laws and standards, (2) investigating claims of mistreatment and complaints against foster care providers, (3) reviewing contested decisions about the placement of an immigrant child, and (4) reviewing data from HHS and the Department of Homeland Security (DHS) relating to such children. The office may also offer individual case assistance to such a detained child who requires expedited processing or elevated attention. The office may also issue subpoenas with HHS approval. DHS and HHS must ensure that the office has the ability to conduct investigative and monitoring activities, including by providing unobstructed access to any detention facility with immigrant children. The office and DHS shall enter into a memorandum of understanding to coordinate oversight between DHS and HHS. The bill also establishes an expert advisory committee to assist the office and an interagency working group to identify and discuss concerns related to detained immigrant children.

This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. 2. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. 4. DATA COLLECTION. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. 5. EXPERT ADVISORY COMMITTEE. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. SEC. 7. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. 2. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. 4. DATA COLLECTION. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. 5. EXPERT ADVISORY COMMITTEE. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. SEC. 7. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. 2. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (10) Unobstructed access.--The term ``unobstructed access'' means-- (A) with respect to a facility, the ability to enter the facility, including unannounced, to tour and physically visit all areas of the facility; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Director or the Secretary of Homeland Security, as applicable. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. (B) Investigations.-- (i) In general.--The Ombudsperson shall investigate-- (I) claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; and (II) complaints against foster care providers, including foster care providers under State oversight. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. (V) A description of the objectives of the Office of the Ombudsperson for the next fiscal year. 4. DATA COLLECTION. (G) The percentage of filled capacity across all Office of Refugee Resettlement facilities. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. 5. EXPERT ADVISORY COMMITTEE. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. (3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. SEC. 7. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

SHORT TITLE. This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. 2. DEFINITIONS. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (10) Unobstructed access.--The term ``unobstructed access'' means-- (A) with respect to a facility, the ability to enter the facility, including unannounced, to tour and physically visit all areas of the facility; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Director or the Secretary of Homeland Security, as applicable. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. 30301 et seq. ); (iv) the standards of U.S. Customs and Border Protection entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015; and (v) internal Office of Refugee Resettlement policy guidance, including the guidance entitled ``ORR Policy Guide: Children Entering the United States Unaccompanied'' issued on January 30, 2015. (B) Investigations.-- (i) In general.--The Ombudsperson shall investigate-- (I) claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; and (II) complaints against foster care providers, including foster care providers under State oversight. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. (V) A description of the objectives of the Office of the Ombudsperson for the next fiscal year. 4. DATA COLLECTION. (G) The percentage of filled capacity across all Office of Refugee Resettlement facilities. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. (2) Publication.--Not later than the 15th of each month, the Director shall make the data collected under paragraph (1) for the preceding month available to the public on the internet website of the Office of Refugee Resettlement. 5. EXPERT ADVISORY COMMITTEE. 1232); and (2) submit to the Ombudsperson recommendations for improvement. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. (3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. SEC. 7. RULE OF CONSTRUCTION. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. In this Act: (1) Committee.--The term ``Committee'' means the expert advisory committee established under section 5(a). ( (5) Immigrant child.--The term ``immigrant child'' means an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) under the age of 18 years. ( 9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. ( iv) the standards of U.S. Customs and Border Protection entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015; and (v) internal Office of Refugee Resettlement policy guidance, including the guidance entitled ``ORR Policy Guide: Children Entering the United States Unaccompanied'' issued on January 30, 2015. ( (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. ( (iii) Civil action not precluded.--Review by the Ombudsperson under this subparagraph shall not preclude an immigrant child, or the attorney, child advocate, parent, or prospective sponsor of the immigrant child, from simultaneously commencing a civil action in any appropriate district court of the United States. ( D) Stakeholder meetings.--Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, Flores settlement agreement class counsel, and the Flores settlement agreement court- appointed monitor to participate in a meeting-- (i) to ensure that the Ombudsperson is aware of stakeholder concerns and priorities; and (ii) to provide feedback on stakeholder requests. ( (ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. ( H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. ( I) Report to congress.-- (i) In general.--Not later than September 30 each year, the Ombudsperson shall submit to Congress a report on the accomplishments and challenges of the Office of the Ombudsperson during the fiscal year ending on that date. ( (d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( B) The average and median number of days immigrant children remain in such custody, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (C) The average and median number of days immigrant children stay in an Office of Refugee Resettlement facility, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( E) The sponsor categories of immigrant children held at each Office of Refugee Resettlement facility, disaggregated by placement level and age. ( (c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( (e) Site Visits.--The Committee may designate 1 or more individuals who shall have the authority-- (1) to carry out facility site visits; and (2) interview immigrant children held in Government custody, after notification of counsel, as applicable. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. ( B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (C) Provide the Ombudsperson and the Committee full and unobstructed access to-- (i) Department of Homeland Security facilities for regular site visits; and (ii) the written policies and procedures of Department of Homeland Security facilities. ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( 3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. RULE OF CONSTRUCTION.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. 7) Office of refugee resettlement facility.--The term ``Office of Refugee Resettlement facility''-- (A) means-- (i) a shelter; (ii) staff secure, secure care, or transitional foster care housing; or (iii) any other location operated by the Office of Refugee Resettlement to hold immigrant children; and (B) includes an in-network facility and an out-of- network facility. ( (9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. ( II) Recommendation to director.-- If, in carrying out such a review, the Ombudsperson determines that such placement decision was erroneous, the Ombudsperson shall-- (aa) submit to the Director a recommendation for further action; and (bb) make a copy of the recommendation available to-- (AA) the immigrant child; and (BB) if applicable, the immigrant child's attorney and child advocate. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. ( F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( ii) Timeline for production of information.--To prevent undue delay of the placement of an immigrant child, requirements set forth in a subpoena under clause (i)(I) shall be satisfactorily fulfilled not later than 7 days after the date on which the Ombudsperson issues the subpoena. ( (J) Additional duties.--The Ombudsperson shall-- (i) conduct a review of data collection, as described in section 4(a); (ii) establish the Committee, as described in section 5; and (iii) enter into a memorandum of understanding, as described in section 6(a). ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( (b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( F) The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level and age. ( c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( d) Duties.--The Committee shall regularly-- (1) review facility compliance with applicable law and standards relating to Government detention and custody of immigrant children, including the Flores settlement agreement and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and (2) submit to the Ombudsperson recommendations for improvement. ( B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( b) Interagency Working Group.-- (1) Establishment.--There is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities. (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. 7) Office of refugee resettlement facility.--The term ``Office of Refugee Resettlement facility''-- (A) means-- (i) a shelter; (ii) staff secure, secure care, or transitional foster care housing; or (iii) any other location operated by the Office of Refugee Resettlement to hold immigrant children; and (B) includes an in-network facility and an out-of- network facility. ( (9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. ( II) Recommendation to director.-- If, in carrying out such a review, the Ombudsperson determines that such placement decision was erroneous, the Ombudsperson shall-- (aa) submit to the Director a recommendation for further action; and (bb) make a copy of the recommendation available to-- (AA) the immigrant child; and (BB) if applicable, the immigrant child's attorney and child advocate. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. ( F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( ii) Timeline for production of information.--To prevent undue delay of the placement of an immigrant child, requirements set forth in a subpoena under clause (i)(I) shall be satisfactorily fulfilled not later than 7 days after the date on which the Ombudsperson issues the subpoena. ( (J) Additional duties.--The Ombudsperson shall-- (i) conduct a review of data collection, as described in section 4(a); (ii) establish the Committee, as described in section 5; and (iii) enter into a memorandum of understanding, as described in section 6(a). ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( (b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( F) The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level and age. ( c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( d) Duties.--The Committee shall regularly-- (1) review facility compliance with applicable law and standards relating to Government detention and custody of immigrant children, including the Flores settlement agreement and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and (2) submit to the Ombudsperson recommendations for improvement. ( B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( b) Interagency Working Group.-- (1) Establishment.--There is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities. (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. 9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( ( ( (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. ( H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( 3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. RULE OF CONSTRUCTION.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. 9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. ( ( ( (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. ( H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. ( 3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. RULE OF CONSTRUCTION.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. ( a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. ( (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. ( b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. ( (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( 3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. ( (

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. ( ( d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. ( a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. ( a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. ( ( 5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. (

Protection of Kids in Immigrant Detention Act or PROKID Act - Establishes within the Department of Health and Human Services (HHS) an Office of the Ombudsperson for Immigrant Children in Government Custody to: (1) endorse and support the principle that family separation and detention are generally in a child's best interest; and (2) ensure that Directs the Ombudsperson to provide oversight of the Director of Refugee Resettlement by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. (Provides for: (1) an expedited review of contested placement decisions; (2) a recommendation for further action Directs the Ombudsperson to regularly review data collected by the Secretary of Health and Human Services (HHS) and the Department of Homeland Security (DHS) relating to immigrant children in facilities. (Sec. 4) Requires HHS and DHS to provide unobstructed access to: (1) real-time custody and detention data for each immigrant child detained by the government or Directs the Comptroller General to evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (Sec. 7) Establishes an interagency working group to identify and discuss concerns relating to immigrant children in facilities. Requires the Working Group to: (1) hold meetings at

S.1270

Agriculture and Food

Access to Healthy Food for Young Children Act of 2021 This bill revises several provisions related to the Child and Adult Care Food Program. These revisions include The bill also provides funding to (1) provide nutrition training and technical assistance under the program, and (2) increase the participation of children from underserved communities.

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Healthy Food for Young Children Act of 2021''. SEC. 2. REIMBURSEMENTS. (a) Child Care Reimbursements.--Section 17(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(c)) is amended-- (1) in paragraph (1), by striking ``the same as'' and inserting ``10 cents more than''; (2) in paragraph (2), by striking ``the same as'' and inserting ``10 cents more than''; and (3) in paragraph (3)-- (A) by striking ``30 cents'' and inserting ``$1.01 cents''; and (B) by striking ``2.75 cents'' and inserting ``$0.18 cents''. (b) Day Care Home Reimbursements.--Section 17(f)(3)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)) is amended-- (1) by striking ``Consumer Price Index for food at home'' each place it appears and inserting ``Consumer Price Index for food away from home''; (2) in clause (ii)(III)-- (A) by striking ``Except as provided in subclause (IV),'' and inserting the following: ``(aa) In general.--Except as provided in item (bb) and subclause (IV),''; and (B) by adding at the end the following: ``(bb) Additional reimbursement.--Effective beginning July 1, 2022, the reimbursement factor for each meal and supplement under this subparagraph shall be increased by 10 cents per child served.''; and (3) in clause (iii)(I)(aa), by striking ``the reimbursement factors shall be'' and all that follows through ``supplements'' and inserting ``the reimbursement factors shall be $1.58 for meals other than breakfast, $0.58 cents for breakfasts, and $0.30 cents for supplements''. SEC. 3. STREAMLINING PROGRAM PAPERWORK IN HIGH-POVERTY AREAS. (a) In General.--Section 17(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(c)) is amended by adding at the end the following: ``(7) Streamlining program paperwork in high poverty areas.-- ``(A) Definitions.--In this paragraph: ``(i) Eligible child care center.--The term `eligible child care center' means a child care center at least 50 percent of children under the care of which qualify for free or reduced price meals or categorical eligibility as described in subsection (f)(3)(A)(iii)(III)(bb). ``(ii) Nonpricing program.--The term `nonpricing program' means a program under which an eligible child center serves all children under the care of the center meals and supplements under this section without charge. ``(B) Election of special payments.-- ``(i) In general.--An eligible child care center may elect to receive special payments under this paragraph in lieu of payments otherwise made available under this section based on applications for free and reduced price meals and supplements if-- ``(I) subject to clause (ii), during the 4 consecutive fiscal years beginning after the date of the election, the eligible child care center elects to operate a nonpricing program; ``(II) the eligible child care center pays, from sources other than funds made available to carry out the program under this section, the costs of serving the meals and supplements that are in excess of the value of assistance received under this Act; and ``(III) during the fiscal year in which the election under this clause is made, the eligible child care center had a percentage of enrolled children that meets or exceeds the threshold described in subparagraph (A)(i). ``(ii) Election to stop receiving payments.--An eligible child care center may elect to stop receiving special payments under this paragraph for the following fiscal year by notifying the State agency not later than June 30 of the current fiscal year of the intention to stop receiving the special payments. ``(C) First year of option.-- ``(i) In general.--For each month of the first fiscal year of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the rate for free meals and supplements shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. ``(ii) Calculation.--Special payments under clause (i) shall be calculated using a blended per-meal rate based on a formula that multiplies national average payment rates by the percentage of children at the eligible child care center that receive free, reduced price, and paid meals and supplements. ``(D) Second, third, and fourth years of option.-- ``(i) In general.--For each month of the second, third, and fourth fiscal years of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the blended rate established for the first year of the option under subparagraph (C) shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. ``(ii) Calculation.--Special payments under clause (i) shall be equal to the product obtained by multiplying-- ``(I) the applicable blended per- meal rate; by ``(II) the number of meals and supplements served by the eligible child care center during the period beginning on April 1 of the prior fiscal year and ending on the last day of that fiscal year.''. (b) Community Eligibility Pilot Projects.--Section 17(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(c)) (as amended by subsection (a)) is amended by adding at the end the following: ``(8) Community eligibility pilot projects.-- ``(A) Definitions.--In this paragraph: ``(i) Covered child.--The term `covered child' means a child certified for free or reduced price meals by means of-- ``(I) direct certification under paragraph (4) or (5) of section 9(b); or ``(II) categorical eligibility, as described in subsection (f)(3)(A)(iii)(III)(bb). ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(iii) Eligible sponsoring organization.-- The term `eligible sponsoring organization' means an organization that is a public or private nonprofit organization acting as a sponsoring organization for 1 or more child care centers participating in the program authorized under this section. ``(iv) Nonpricing program.--The term `nonpricing program' means a program under which an eligible child care center serves all children under the care of the center meals and supplements under a pilot project without charge. ``(v) Pilot project.--The term `pilot project' means a pilot project carried out under subparagraph (B)(i). ``(vi) Selected child care center.--The term `selected child care center' means an eligible child care center selected under subparagraph (E) by a selected State and a selected sponsoring organization to implement the pilot project at that child care center. ``(vii) Selected sponsoring organization.-- The term `selected sponsoring organization' means an eligible sponsoring organization selected under subparagraph (D)(iv) by a selected State to coordinate implementation of the pilot project in that State. ``(viii) Selected state.--The term `selected State' means a State selected to carry out a pilot project under subparagraph (C)(i). ``(B) Establishment.-- ``(i) In general.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall establish a program to carry out pilot projects in selected States under which meals and supplements are provided at no charge to every child in a selected child care center. ``(ii) Start date.--Each pilot project shall begin in a selected State not later than 1 year after the date of enactment of this paragraph. ``(C) State selection.-- ``(i) In general.--The Secretary shall select not more than 6 States to each carry out a pilot project in coordination with a selected sponsoring organization. ``(ii) Applications.--A State seeking to carry out a pilot project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information about the selected sponsoring organization. ``(iii) Priority.--In carrying out clause (i), the Secretary shall give priority to a State based on-- ``(I) the level of childhood poverty in the service area of the selected sponsoring organization; and ``(II) the extent to which that sponsoring organization demonstrates expertise and capacity in, and commitment to, implementing the pilot project. ``(D) Sponsoring organization selection by states.--Prior to submitting an application under subparagraph (C)(ii), each State seeking to carry out a pilot project shall-- ``(i) identify each eligible sponsoring organization in the State; ``(ii) inform each eligible sponsoring organization identified under clause (i) of the proposed pilot project of the State; ``(iii) solicit applications from eligible sponsoring organizations that demonstrate the expertise, capacity, and commitment of the sponsoring organization in implementing the pilot project; and ``(iv) select an eligible sponsoring organization to coordinate implementation of the pilot project. ``(E) Child care center selection.--Each selected State and selected sponsoring organization shall select 1 or more eligible child care centers to voluntarily participate in the pilot project in the selected State. ``(F) Nonpricing program.-- ``(i) In general.--Under a pilot project, a selected child care center shall operate a nonpricing program by-- ``(I) receiving special assistance payments under this subparagraph in lieu of any other special assistance payment made under this section; and ``(II) using non-Federal funds to pay for the cost of meals and supplements served at the selected child care center that are not reimbursed under the pilot project or the program authorized under this section. ``(ii) Election to stop participation.--A selected child care center that elects to stop participating in a pilot project under clause (i) shall notify the selected State and the selected sponsoring organization not later than 3 months before the date on which the center intends to stop participation. ``(iii) First year.--For each month of the first fiscal year during which a pilot project is carried out in a selected State, each selected child care center shall receive special assistance payments at the rate for free meals and supplements for a percentage of all reimbursable meals and supplements served in selected child care centers during that month in an amount equal to the product obtained by multiplying-- ``(I) the multiplier described in section 11(a)(1)(F)(vii); and ``(II) the percentage of covered children enrolled in the selected child care centers as of April 1 of the prior fiscal year, up to a maximum of 100 percent. ``(iv) Second and subsequent years.--For each month of the second fiscal year and each subsequent fiscal year during which a pilot project is carried out in a selected State, each selected child care center shall receive special assistance payments at the rate for free meals and supplements for a percentage of all reimbursable meals and supplements served in selected child care centers during that month in an amount equal to the product obtained by multiplying-- ``(I) the multiplier described in section 11(a)(1)(F)(vii); and ``(II) the higher of-- ``(aa) the percentage of covered children enrolled in the selected child care centers as of April 1 of the prior fiscal year, up to a maximum of 100 percent; and ``(bb) the percentage of covered children enrolled in the selected child care centers as of April 1 of the fiscal year prior to the first fiscal year in which the selected child care center participates in the pilot project, up to a maximum of 100 percent. ``(v) Payment for other meals.--Any meal or supplement served under the program authorized under this section that is not part of a pilot project shall be reimbursed at the rates established under subsection (c). ``(G) Implementation.-- ``(i) No applications.--In participating in a pilot project, a selected sponsoring organization or selected child care center shall not collect enrollment forms or applications for free and reduced price meals and supplements under this Act or section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(ii) Administration.--The selected sponsoring organization in a selected State shall be responsible for administering the pilot project, including-- ``(I) distributing special assistance payments to selected child care centers; and ``(II) conducting oversight of and reporting on the pilot project. ``(iii) Information dissemination.--A selected State and selected sponsoring organization shall-- ``(I) notify each eligible child care center in the State about the pilot project, including the reimbursement rates, timeline, and procedures under the pilot project; and ``(II) provide information about the pilot project to parents or guardians of children attending eligible child care centers. ``(H) Report.--Not later than 1 year after the start date of the last pilot project commenced during the first year of the program established under subparagraph (B)(i), and annually thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing-- ``(i) the status of each active pilot project; and ``(ii) the manner in which the funds authorized under subparagraph (I) are used to carry out this paragraph. ``(I) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $20,000,000 for the period of fiscal years 2022 through 2026.''. SEC. 4. FOURTH MEAL SERVICE OPTION. Section 17(f)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(2)) is amended-- (1) by striking ``(2)(A) Subject to subparagraph (B) of this paragraph'' and inserting the following: ``(2) Disbursements.-- ``(A) In general.--Subject to subparagraph (B)''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Limitation.--No reimbursement may be made to any institution under this paragraph, or to any family or group day care home sponsoring organization under paragraph (3), for more than-- ``(i)(I) 2 meals and 1 supplement per day per child; or ``(II) 1 meal and 2 supplements per day per child; or ``(ii) in the case of child care during which there are 8 or more hours between the beginning of the first meal service period and the beginning of the fourth meal service period-- ``(I) 3 meals and 1 supplement per day per child; ``(II) 2 meals and 2 supplements per day per child; or ``(III) 1 meal and 3 supplements per day per child.''. SEC. 5. EXPANDING AREA ELIGIBILITY. Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)) is amended by striking ``50 percent'' each place it appears and inserting ``40 percent''. SEC. 6. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION. (a) Eligibility Certification Criteria for Proprietary Child Care Centers.--Section 17(a)(6) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(6)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``unless it satisfies the following criteria:'' and inserting ``unless--''; (2) in each of subparagraphs (A) and (B), by inserting ``the institution'' after the subparagraph designation; (3) in subparagraph (C)(i), by inserting ``the institution'' before ``will provide''; (4) in subparagraph (E), by striking ``and'' at the end; (5) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(G) in the case of an institution described in paragraph (2)(B), eligibility is determined annually.''. (b) Advisory Committee on Paperwork Reduction.--Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by adding at the end the following: ``(v) Advisory Committee on Paperwork Reduction.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee (referred to in this subsection as the `Advisory Committee') to carry out the duties described in paragraph (2). ``(2) Duties.--The duties of the Advisory Committee shall be-- ``(A) to examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements, including paperwork resulting from additional State requirements, for entities participating or seeking to participate in the program under this section, including State agencies, family child care homes, child care centers, and sponsoring organizations; and ``(B) to provide recommendations to reduce paperwork for participants in the program under this section while ensuring that proper accountability and program integrity are maintained. ``(3) Membership.--The Advisory Committee shall be composed of-- ``(A) not less than 1 member representing each of-- ``(i) a public nonprofit center; ``(ii) a private nonprofit center; ``(iii) a family or group day care home; ``(iv) a Head Start center; ``(v) a for-profit center; ``(vi) an emergency shelter; ``(vii) an adult day care center; ``(viii) a State agency; ``(ix) a sponsoring organization for child care centers; ``(x) a sponsoring organization of family or group day care homes; ``(xi) an anti-hunger advocacy organization; ``(xii) an after school program for at-risk youth; and ``(xiii) a child care advocacy organization; and ``(B) any other members, as the Secretary determines to be appropriate. ``(4) Considerations.--In developing recommendations under paragraph (2)(B), the Advisory Committee shall consider-- ``(A) information, recommendations, and reports from the Child and Adult Care Food Program Paperwork Reduction Work Group established pursuant to section 336 of the Healthy, Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note; Public Law 111-296); and ``(B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators. ``(5) Guidance and regulations.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue guidance and, as appropriate, regulations, based on the recommendations made under paragraph (2)(B), for streamlined and consolidated paperwork and recordkeeping requirements for the program, including-- ``(A) streamlining and modernizing applications, monitoring, and auditing; ``(B) eliminating the use of an enrollment form; ``(C) allowing the use of direct certification in all States; ``(D) requiring States to accept digital forms, digitized and electronic signatures, and electronic records as documentation; ``(E) allowing the use of electronic data collection systems, in accordance with Federal standards; ``(F) streamlining duplicative State-specific requirements; and ``(G) encouraging the adoption in the program of generally accepted technologies from other domains. ``(6) Report.-- ``(A) In general.--Not later than 180 days after issuing guidance and regulations under paragraph (5), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the information described in subparagraph (B). ``(B) Contents.--The report under subparagraph (A) shall contain the following: ``(i) In each case in which the Secretary did not implement a recommendation of the Advisory Committee, an explanation for why the recommendation was not implemented. ``(ii) Recommendations for legislative action that may strengthen and streamline the program application and monitoring processes and reduce administrative burdens on grantees, program participants, the Federal Government, and local and State governments.''. SEC. 7. FUNDING TO SUPPORT NUTRITION ACCESS FOR YOUNG CHILDREN. Section 17(n) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(n)) is amended-- (1) by striking ``(n) There are hereby'' and inserting the following: ``(n) Funding.-- ``(1) In general.--There are''; and (2) by adding at the end the following: ``(2) Funding to support nutrition access for children.-- ``(A) In general.--On October 1, 2021, and October 1, 2022, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $5,000,000, to remain available until expended-- ``(i) to provide training and technical assistance under the program-- ``(I) to support healthy meal patterns of children; and ``(II) with respect to best practices for-- ``(aa) increasing consumption by children of vegetables, fruits, whole grains, and healthy beverages; ``(bb) reducing consumption by children of added sugars and saturated fats; and ``(cc) eliminating consumption by children of beverages sweetened with sugar; and ``(ii) to increase participation in the program of children from underserved communities. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under subparagraph (A), without further appropriation.''. <all>

Access to Healthy Food for Young Children Act of 2021

A bill to amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program.

Access to Healthy Food for Young Children Act of 2021

Sen. Casey, Robert P., Jr.

D

PA

This bill revises several provisions related to the Child and Adult Care Food Program. These revisions include The bill also provides funding to (1) provide nutrition training and technical assistance under the program, and (2) increase the participation of children from underserved communities.

2. REIMBURSEMENTS. 1766(c)) is amended-- (1) in paragraph (1), by striking ``the same as'' and inserting ``10 cents more than''; (2) in paragraph (2), by striking ``the same as'' and inserting ``10 cents more than''; and (3) in paragraph (3)-- (A) by striking ``30 cents'' and inserting ``$1.01 cents''; and (B) by striking ``2.75 cents'' and inserting ``$0.18 cents''. 1766(f)(3)(A)) is amended-- (1) by striking ``Consumer Price Index for food at home'' each place it appears and inserting ``Consumer Price Index for food away from home''; (2) in clause (ii)(III)-- (A) by striking ``Except as provided in subclause (IV),'' and inserting the following: ``(aa) In general.--Except as provided in item (bb) and subclause (IV),''; and (B) by adding at the end the following: ``(bb) Additional reimbursement.--Effective beginning July 1, 2022, the reimbursement factor for each meal and supplement under this subparagraph shall be increased by 10 cents per child served. ``(ii) Election to stop receiving payments.--An eligible child care center may elect to stop receiving special payments under this paragraph for the following fiscal year by notifying the State agency not later than June 30 of the current fiscal year of the intention to stop receiving the special payments. ``(vi) Selected child care center.--The term `selected child care center' means an eligible child care center selected under subparagraph (E) by a selected State and a selected sponsoring organization to implement the pilot project at that child care center. ``(ii) Applications.--A State seeking to carry out a pilot project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information about the selected sponsoring organization. ``(v) Payment for other meals.--Any meal or supplement served under the program authorized under this section that is not part of a pilot project shall be reimbursed at the rates established under subsection (c). 4. FOURTH MEAL SERVICE OPTION. 5. EXPANDING AREA ELIGIBILITY. Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 6. 1766) is amended by adding at the end the following: ``(v) Advisory Committee on Paperwork Reduction.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee (referred to in this subsection as the `Advisory Committee') to carry out the duties described in paragraph (2). SEC. FUNDING TO SUPPORT NUTRITION ACCESS FOR YOUNG CHILDREN.

2. REIMBURSEMENTS. 1766(c)) is amended-- (1) in paragraph (1), by striking ``the same as'' and inserting ``10 cents more than''; (2) in paragraph (2), by striking ``the same as'' and inserting ``10 cents more than''; and (3) in paragraph (3)-- (A) by striking ``30 cents'' and inserting ``$1.01 cents''; and (B) by striking ``2.75 cents'' and inserting ``$0.18 cents''. ``(ii) Election to stop receiving payments.--An eligible child care center may elect to stop receiving special payments under this paragraph for the following fiscal year by notifying the State agency not later than June 30 of the current fiscal year of the intention to stop receiving the special payments. ``(vi) Selected child care center.--The term `selected child care center' means an eligible child care center selected under subparagraph (E) by a selected State and a selected sponsoring organization to implement the pilot project at that child care center. ``(v) Payment for other meals.--Any meal or supplement served under the program authorized under this section that is not part of a pilot project shall be reimbursed at the rates established under subsection (c). 4. FOURTH MEAL SERVICE OPTION. 5. EXPANDING AREA ELIGIBILITY. Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 6. 1766) is amended by adding at the end the following: ``(v) Advisory Committee on Paperwork Reduction.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee (referred to in this subsection as the `Advisory Committee') to carry out the duties described in paragraph (2). SEC. FUNDING TO SUPPORT NUTRITION ACCESS FOR YOUNG CHILDREN.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. REIMBURSEMENTS. 1766(c)) is amended-- (1) in paragraph (1), by striking ``the same as'' and inserting ``10 cents more than''; (2) in paragraph (2), by striking ``the same as'' and inserting ``10 cents more than''; and (3) in paragraph (3)-- (A) by striking ``30 cents'' and inserting ``$1.01 cents''; and (B) by striking ``2.75 cents'' and inserting ``$0.18 cents''. 1766(f)(3)(A)) is amended-- (1) by striking ``Consumer Price Index for food at home'' each place it appears and inserting ``Consumer Price Index for food away from home''; (2) in clause (ii)(III)-- (A) by striking ``Except as provided in subclause (IV),'' and inserting the following: ``(aa) In general.--Except as provided in item (bb) and subclause (IV),''; and (B) by adding at the end the following: ``(bb) Additional reimbursement.--Effective beginning July 1, 2022, the reimbursement factor for each meal and supplement under this subparagraph shall be increased by 10 cents per child served. ``(ii) Nonpricing program.--The term `nonpricing program' means a program under which an eligible child center serves all children under the care of the center meals and supplements under this section without charge. ``(ii) Election to stop receiving payments.--An eligible child care center may elect to stop receiving special payments under this paragraph for the following fiscal year by notifying the State agency not later than June 30 of the current fiscal year of the intention to stop receiving the special payments. ``(vi) Selected child care center.--The term `selected child care center' means an eligible child care center selected under subparagraph (E) by a selected State and a selected sponsoring organization to implement the pilot project at that child care center. ``(ii) Applications.--A State seeking to carry out a pilot project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information about the selected sponsoring organization. ``(iii) First year.--For each month of the first fiscal year during which a pilot project is carried out in a selected State, each selected child care center shall receive special assistance payments at the rate for free meals and supplements for a percentage of all reimbursable meals and supplements served in selected child care centers during that month in an amount equal to the product obtained by multiplying-- ``(I) the multiplier described in section 11(a)(1)(F)(vii); and ``(II) the percentage of covered children enrolled in the selected child care centers as of April 1 of the prior fiscal year, up to a maximum of 100 percent. ``(v) Payment for other meals.--Any meal or supplement served under the program authorized under this section that is not part of a pilot project shall be reimbursed at the rates established under subsection (c). 1773). ``(I) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $20,000,000 for the period of fiscal years 2022 through 2026.''. 4. FOURTH MEAL SERVICE OPTION. 5. EXPANDING AREA ELIGIBILITY. Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 6. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION. 1766) is amended by adding at the end the following: ``(v) Advisory Committee on Paperwork Reduction.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee (referred to in this subsection as the `Advisory Committee') to carry out the duties described in paragraph (2). ``(5) Guidance and regulations.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue guidance and, as appropriate, regulations, based on the recommendations made under paragraph (2)(B), for streamlined and consolidated paperwork and recordkeeping requirements for the program, including-- ``(A) streamlining and modernizing applications, monitoring, and auditing; ``(B) eliminating the use of an enrollment form; ``(C) allowing the use of direct certification in all States; ``(D) requiring States to accept digital forms, digitized and electronic signatures, and electronic records as documentation; ``(E) allowing the use of electronic data collection systems, in accordance with Federal standards; ``(F) streamlining duplicative State-specific requirements; and ``(G) encouraging the adoption in the program of generally accepted technologies from other domains. SEC. 7. FUNDING TO SUPPORT NUTRITION ACCESS FOR YOUNG CHILDREN.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. REIMBURSEMENTS. 1766(c)) is amended-- (1) in paragraph (1), by striking ``the same as'' and inserting ``10 cents more than''; (2) in paragraph (2), by striking ``the same as'' and inserting ``10 cents more than''; and (3) in paragraph (3)-- (A) by striking ``30 cents'' and inserting ``$1.01 cents''; and (B) by striking ``2.75 cents'' and inserting ``$0.18 cents''. 1766(f)(3)(A)) is amended-- (1) by striking ``Consumer Price Index for food at home'' each place it appears and inserting ``Consumer Price Index for food away from home''; (2) in clause (ii)(III)-- (A) by striking ``Except as provided in subclause (IV),'' and inserting the following: ``(aa) In general.--Except as provided in item (bb) and subclause (IV),''; and (B) by adding at the end the following: ``(bb) Additional reimbursement.--Effective beginning July 1, 2022, the reimbursement factor for each meal and supplement under this subparagraph shall be increased by 10 cents per child served. ``(ii) Nonpricing program.--The term `nonpricing program' means a program under which an eligible child center serves all children under the care of the center meals and supplements under this section without charge. ``(ii) Election to stop receiving payments.--An eligible child care center may elect to stop receiving special payments under this paragraph for the following fiscal year by notifying the State agency not later than June 30 of the current fiscal year of the intention to stop receiving the special payments. ``(vi) Selected child care center.--The term `selected child care center' means an eligible child care center selected under subparagraph (E) by a selected State and a selected sponsoring organization to implement the pilot project at that child care center. ``(ii) Applications.--A State seeking to carry out a pilot project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information about the selected sponsoring organization. ``(iii) First year.--For each month of the first fiscal year during which a pilot project is carried out in a selected State, each selected child care center shall receive special assistance payments at the rate for free meals and supplements for a percentage of all reimbursable meals and supplements served in selected child care centers during that month in an amount equal to the product obtained by multiplying-- ``(I) the multiplier described in section 11(a)(1)(F)(vii); and ``(II) the percentage of covered children enrolled in the selected child care centers as of April 1 of the prior fiscal year, up to a maximum of 100 percent. ``(v) Payment for other meals.--Any meal or supplement served under the program authorized under this section that is not part of a pilot project shall be reimbursed at the rates established under subsection (c). 1773). ``(I) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $20,000,000 for the period of fiscal years 2022 through 2026.''. 4. FOURTH MEAL SERVICE OPTION. 5. EXPANDING AREA ELIGIBILITY. Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 6. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION. 1766) is amended by adding at the end the following: ``(v) Advisory Committee on Paperwork Reduction.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee (referred to in this subsection as the `Advisory Committee') to carry out the duties described in paragraph (2). ``(5) Guidance and regulations.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue guidance and, as appropriate, regulations, based on the recommendations made under paragraph (2)(B), for streamlined and consolidated paperwork and recordkeeping requirements for the program, including-- ``(A) streamlining and modernizing applications, monitoring, and auditing; ``(B) eliminating the use of an enrollment form; ``(C) allowing the use of direct certification in all States; ``(D) requiring States to accept digital forms, digitized and electronic signatures, and electronic records as documentation; ``(E) allowing the use of electronic data collection systems, in accordance with Federal standards; ``(F) streamlining duplicative State-specific requirements; and ``(G) encouraging the adoption in the program of generally accepted technologies from other domains. ``(ii) Recommendations for legislative action that may strengthen and streamline the program application and monitoring processes and reduce administrative burdens on grantees, program participants, the Federal Government, and local and State governments.''. SEC. 7. FUNDING TO SUPPORT NUTRITION ACCESS FOR YOUNG CHILDREN. 1766(n)) is amended-- (1) by striking ``(n) There are hereby'' and inserting the following: ``(n) Funding.-- ``(1) In general.--There are''; and (2) by adding at the end the following: ``(2) Funding to support nutrition access for children.-- ``(A) In general.--On October 1, 2021, and October 1, 2022, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $5,000,000, to remain available until expended-- ``(i) to provide training and technical assistance under the program-- ``(I) to support healthy meal patterns of children; and ``(II) with respect to best practices for-- ``(aa) increasing consumption by children of vegetables, fruits, whole grains, and healthy beverages; ``(bb) reducing consumption by children of added sugars and saturated fats; and ``(cc) eliminating consumption by children of beverages sweetened with sugar; and ``(ii) to increase participation in the program of children from underserved communities.

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. a) Child Care Reimbursements.--Section 17(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(c)) is amended-- (1) in paragraph (1), by striking ``the same as'' and inserting ``10 cents more than''; (2) in paragraph (2), by striking ``the same as'' and inserting ``10 cents more than''; and (3) in paragraph (3)-- (A) by striking ``30 cents'' and inserting ``$1.01 cents''; and (B) by striking ``2.75 cents'' and inserting ``$0.18 cents''. ( and (3) in clause (iii)(I)(aa), by striking ``the reimbursement factors shall be'' and all that follows through ``supplements'' and inserting ``the reimbursement factors shall be $1.58 for meals other than breakfast, $0.58 cents for breakfasts, and $0.30 cents for supplements''. STREAMLINING PROGRAM PAPERWORK IN HIGH-POVERTY AREAS. ( ``(ii) Nonpricing program.--The term `nonpricing program' means a program under which an eligible child center serves all children under the care of the center meals and supplements under this section without charge. ``(ii) Election to stop receiving payments.--An eligible child care center may elect to stop receiving special payments under this paragraph for the following fiscal year by notifying the State agency not later than June 30 of the current fiscal year of the intention to stop receiving the special payments. ``(C) First year of option.-- ``(i) In general.--For each month of the first fiscal year of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the rate for free meals and supplements shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. ``(ii) Calculation.--Special payments under clause (i) shall be calculated using a blended per-meal rate based on a formula that multiplies national average payment rates by the percentage of children at the eligible child care center that receive free, reduced price, and paid meals and supplements. (b) Community Eligibility Pilot Projects.--Section 17(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(c)) (as amended by subsection (a)) is amended by adding at the end the following: ``(8) Community eligibility pilot projects.-- ``(A) Definitions.--In this paragraph: ``(i) Covered child.--The term `covered child' means a child certified for free or reduced price meals by means of-- ``(I) direct certification under paragraph (4) or (5) of section 9(b); or ``(II) categorical eligibility, as described in subsection (f)(3)(A)(iii)(III)(bb). ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(v) Pilot project.--The term `pilot project' means a pilot project carried out under subparagraph (B)(i). ``(vii) Selected sponsoring organization.-- The term `selected sponsoring organization' means an eligible sponsoring organization selected under subparagraph (D)(iv) by a selected State to coordinate implementation of the pilot project in that State. ``(ii) Applications.--A State seeking to carry out a pilot project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information about the selected sponsoring organization. ``(iii) Priority.--In carrying out clause (i), the Secretary shall give priority to a State based on-- ``(I) the level of childhood poverty in the service area of the selected sponsoring organization; and ``(II) the extent to which that sponsoring organization demonstrates expertise and capacity in, and commitment to, implementing the pilot project. ``(F) Nonpricing program.-- ``(i) In general.--Under a pilot project, a selected child care center shall operate a nonpricing program by-- ``(I) receiving special assistance payments under this subparagraph in lieu of any other special assistance payment made under this section; and ``(II) using non-Federal funds to pay for the cost of meals and supplements served at the selected child care center that are not reimbursed under the pilot project or the program authorized under this section. ``(ii) Election to stop participation.--A selected child care center that elects to stop participating in a pilot project under clause (i) shall notify the selected State and the selected sponsoring organization not later than 3 months before the date on which the center intends to stop participation. ``(v) Payment for other meals.--Any meal or supplement served under the program authorized under this section that is not part of a pilot project shall be reimbursed at the rates established under subsection (c). ``(G) Implementation.-- ``(i) No applications.--In participating in a pilot project, a selected sponsoring organization or selected child care center shall not collect enrollment forms or applications for free and reduced price meals and supplements under this Act or section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(iii) Information dissemination.--A selected State and selected sponsoring organization shall-- ``(I) notify each eligible child care center in the State about the pilot project, including the reimbursement rates, timeline, and procedures under the pilot project; and ``(II) provide information about the pilot project to parents or guardians of children attending eligible child care centers. ``(I) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $20,000,000 for the period of fiscal years 2022 through 2026.''. FOURTH MEAL SERVICE OPTION. 1766(f)(3)(A)(ii)(I)) is amended by striking ``50 percent'' each place it appears and inserting ``40 percent''. REDUCING PAPERWORK AND IMPROVING PROGRAM ADMINISTRATION. ( ``(4) Considerations.--In developing recommendations under paragraph (2)(B), the Advisory Committee shall consider-- ``(A) information, recommendations, and reports from the Child and Adult Care Food Program Paperwork Reduction Work Group established pursuant to section 336 of the Healthy, Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note; Public Law 111-296); and ``(B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators. ``(B) Contents.--The report under subparagraph (A) shall contain the following: ``(i) In each case in which the Secretary did not implement a recommendation of the Advisory Committee, an explanation for why the recommendation was not implemented. ``(ii) Recommendations for legislative action that may strengthen and streamline the program application and monitoring processes and reduce administrative burdens on grantees, program participants, the Federal Government, and local and State governments.''. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under subparagraph (A), without further appropriation.''.

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. a) Child Care Reimbursements.--Section 17(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(c)) is amended-- (1) in paragraph (1), by striking ``the same as'' and inserting ``10 cents more than''; (2) in paragraph (2), by striking ``the same as'' and inserting ``10 cents more than''; and (3) in paragraph (3)-- (A) by striking ``30 cents'' and inserting ``$1.01 cents''; and (B) by striking ``2.75 cents'' and inserting ``$0.18 cents''. ( 1766(c)) is amended by adding at the end the following: ``(7) Streamlining program paperwork in high poverty areas.-- ``(A) Definitions.--In this paragraph: ``(i) Eligible child care center.--The term `eligible child care center' means a child care center at least 50 percent of children under the care of which qualify for free or reduced price meals or categorical eligibility as described in subsection (f)(3)(A)(iii)(III)(bb). ``(C) First year of option.-- ``(i) In general.--For each month of the first fiscal year of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the rate for free meals and supplements shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. ``(ii) Calculation.--Special payments under clause (i) shall be calculated using a blended per-meal rate based on a formula that multiplies national average payment rates by the percentage of children at the eligible child care center that receive free, reduced price, and paid meals and supplements. ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(iii) Eligible sponsoring organization.-- The term `eligible sponsoring organization' means an organization that is a public or private nonprofit organization acting as a sponsoring organization for 1 or more child care centers participating in the program authorized under this section. ``(vii) Selected sponsoring organization.-- The term `selected sponsoring organization' means an eligible sponsoring organization selected under subparagraph (D)(iv) by a selected State to coordinate implementation of the pilot project in that State. ``(iii) Priority.--In carrying out clause (i), the Secretary shall give priority to a State based on-- ``(I) the level of childhood poverty in the service area of the selected sponsoring organization; and ``(II) the extent to which that sponsoring organization demonstrates expertise and capacity in, and commitment to, implementing the pilot project. ``(ii) Election to stop participation.--A selected child care center that elects to stop participating in a pilot project under clause (i) shall notify the selected State and the selected sponsoring organization not later than 3 months before the date on which the center intends to stop participation. ``(v) Payment for other meals.--Any meal or supplement served under the program authorized under this section that is not part of a pilot project shall be reimbursed at the rates established under subsection (c). ``(G) Implementation.-- ``(i) No applications.--In participating in a pilot project, a selected sponsoring organization or selected child care center shall not collect enrollment forms or applications for free and reduced price meals and supplements under this Act or section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(ii) Administration.--The selected sponsoring organization in a selected State shall be responsible for administering the pilot project, including-- ``(I) distributing special assistance payments to selected child care centers; and ``(II) conducting oversight of and reporting on the pilot project. ``(H) Report.--Not later than 1 year after the start date of the last pilot project commenced during the first year of the program established under subparagraph (B)(i), and annually thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing-- ``(i) the status of each active pilot project; and ``(ii) the manner in which the funds authorized under subparagraph (I) are used to carry out this paragraph. EXPANDING AREA ELIGIBILITY. b) Advisory Committee on Paperwork Reduction.--Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by adding at the end the following: ``(v) Advisory Committee on Paperwork Reduction.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee (referred to in this subsection as the `Advisory Committee') to carry out the duties described in paragraph (2). ``(4) Considerations.--In developing recommendations under paragraph (2)(B), the Advisory Committee shall consider-- ``(A) information, recommendations, and reports from the Child and Adult Care Food Program Paperwork Reduction Work Group established pursuant to section 336 of the Healthy, Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note; Public Law 111-296); and ``(B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators. ``(6) Report.-- ``(A) In general.--Not later than 180 days after issuing guidance and regulations under paragraph (5), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the information described in subparagraph (B). ``(B) Contents.--The report under subparagraph (A) shall contain the following: ``(i) In each case in which the Secretary did not implement a recommendation of the Advisory Committee, an explanation for why the recommendation was not implemented. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under subparagraph (A), without further appropriation.''.

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(iii) Eligible sponsoring organization.-- The term `eligible sponsoring organization' means an organization that is a public or private nonprofit organization acting as a sponsoring organization for 1 or more child care centers participating in the program authorized under this section. ``(iii) Priority.--In carrying out clause (i), the Secretary shall give priority to a State based on-- ``(I) the level of childhood poverty in the service area of the selected sponsoring organization; and ``(II) the extent to which that sponsoring organization demonstrates expertise and capacity in, and commitment to, implementing the pilot project. ``(H) Report.--Not later than 1 year after the start date of the last pilot project commenced during the first year of the program established under subparagraph (B)(i), and annually thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing-- ``(i) the status of each active pilot project; and ``(ii) the manner in which the funds authorized under subparagraph (I) are used to carry out this paragraph. ``(6) Report.-- ``(A) In general.--Not later than 180 days after issuing guidance and regulations under paragraph (5), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the information described in subparagraph (B).

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. ``(ii) Nonpricing program.--The term `nonpricing program' means a program under which an eligible child center serves all children under the care of the center meals and supplements under this section without charge. ``(C) First year of option.-- ``(i) In general.--For each month of the first fiscal year of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the rate for free meals and supplements shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. ``(ii) Calculation.--Special payments under clause (i) shall be calculated using a blended per-meal rate based on a formula that multiplies national average payment rates by the percentage of children at the eligible child care center that receive free, reduced price, and paid meals and supplements. ( ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(vii) Selected sponsoring organization.-- The term `selected sponsoring organization' means an eligible sponsoring organization selected under subparagraph (D)(iv) by a selected State to coordinate implementation of the pilot project in that State. ``(F) Nonpricing program.-- ``(i) In general.--Under a pilot project, a selected child care center shall operate a nonpricing program by-- ``(I) receiving special assistance payments under this subparagraph in lieu of any other special assistance payment made under this section; and ``(II) using non-Federal funds to pay for the cost of meals and supplements served at the selected child care center that are not reimbursed under the pilot project or the program authorized under this section. ``(ii) Election to stop participation.--A selected child care center that elects to stop participating in a pilot project under clause (i) shall notify the selected State and the selected sponsoring organization not later than 3 months before the date on which the center intends to stop participation. ``(iii) Information dissemination.--A selected State and selected sponsoring organization shall-- ``(I) notify each eligible child care center in the State about the pilot project, including the reimbursement rates, timeline, and procedures under the pilot project; and ``(II) provide information about the pilot project to parents or guardians of children attending eligible child care centers. ``(4) Considerations.--In developing recommendations under paragraph (2)(B), the Advisory Committee shall consider-- ``(A) information, recommendations, and reports from the Child and Adult Care Food Program Paperwork Reduction Work Group established pursuant to section 336 of the Healthy, Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note; Public Law 111-296); and ``(B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators. ``(ii) Recommendations for legislative action that may strengthen and streamline the program application and monitoring processes and reduce administrative burdens on grantees, program participants, the Federal Government, and local and State governments.''. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under subparagraph (A), without further appropriation. ''.

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(iii) Eligible sponsoring organization.-- The term `eligible sponsoring organization' means an organization that is a public or private nonprofit organization acting as a sponsoring organization for 1 or more child care centers participating in the program authorized under this section. ``(iii) Priority.--In carrying out clause (i), the Secretary shall give priority to a State based on-- ``(I) the level of childhood poverty in the service area of the selected sponsoring organization; and ``(II) the extent to which that sponsoring organization demonstrates expertise and capacity in, and commitment to, implementing the pilot project. ``(H) Report.--Not later than 1 year after the start date of the last pilot project commenced during the first year of the program established under subparagraph (B)(i), and annually thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing-- ``(i) the status of each active pilot project; and ``(ii) the manner in which the funds authorized under subparagraph (I) are used to carry out this paragraph. ``(6) Report.-- ``(A) In general.--Not later than 180 days after issuing guidance and regulations under paragraph (5), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the information described in subparagraph (B).

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. ``(ii) Nonpricing program.--The term `nonpricing program' means a program under which an eligible child center serves all children under the care of the center meals and supplements under this section without charge. ``(C) First year of option.-- ``(i) In general.--For each month of the first fiscal year of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the rate for free meals and supplements shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. ``(ii) Calculation.--Special payments under clause (i) shall be calculated using a blended per-meal rate based on a formula that multiplies national average payment rates by the percentage of children at the eligible child care center that receive free, reduced price, and paid meals and supplements. ( ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(vii) Selected sponsoring organization.-- The term `selected sponsoring organization' means an eligible sponsoring organization selected under subparagraph (D)(iv) by a selected State to coordinate implementation of the pilot project in that State. ``(F) Nonpricing program.-- ``(i) In general.--Under a pilot project, a selected child care center shall operate a nonpricing program by-- ``(I) receiving special assistance payments under this subparagraph in lieu of any other special assistance payment made under this section; and ``(II) using non-Federal funds to pay for the cost of meals and supplements served at the selected child care center that are not reimbursed under the pilot project or the program authorized under this section. ``(ii) Election to stop participation.--A selected child care center that elects to stop participating in a pilot project under clause (i) shall notify the selected State and the selected sponsoring organization not later than 3 months before the date on which the center intends to stop participation. ``(iii) Information dissemination.--A selected State and selected sponsoring organization shall-- ``(I) notify each eligible child care center in the State about the pilot project, including the reimbursement rates, timeline, and procedures under the pilot project; and ``(II) provide information about the pilot project to parents or guardians of children attending eligible child care centers. ``(4) Considerations.--In developing recommendations under paragraph (2)(B), the Advisory Committee shall consider-- ``(A) information, recommendations, and reports from the Child and Adult Care Food Program Paperwork Reduction Work Group established pursuant to section 336 of the Healthy, Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note; Public Law 111-296); and ``(B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators. ``(ii) Recommendations for legislative action that may strengthen and streamline the program application and monitoring processes and reduce administrative burdens on grantees, program participants, the Federal Government, and local and State governments.''. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under subparagraph (A), without further appropriation. ''.

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(iii) Eligible sponsoring organization.-- The term `eligible sponsoring organization' means an organization that is a public or private nonprofit organization acting as a sponsoring organization for 1 or more child care centers participating in the program authorized under this section. ``(iii) Priority.--In carrying out clause (i), the Secretary shall give priority to a State based on-- ``(I) the level of childhood poverty in the service area of the selected sponsoring organization; and ``(II) the extent to which that sponsoring organization demonstrates expertise and capacity in, and commitment to, implementing the pilot project. ``(H) Report.--Not later than 1 year after the start date of the last pilot project commenced during the first year of the program established under subparagraph (B)(i), and annually thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing-- ``(i) the status of each active pilot project; and ``(ii) the manner in which the funds authorized under subparagraph (I) are used to carry out this paragraph. ``(6) Report.-- ``(A) In general.--Not later than 180 days after issuing guidance and regulations under paragraph (5), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the information described in subparagraph (B).

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. ``(C) First year of option.-- ``(i) In general.--For each month of the first fiscal year of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the rate for free meals and supplements shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. ``(vii) Selected sponsoring organization.-- The term `selected sponsoring organization' means an eligible sponsoring organization selected under subparagraph (D)(iv) by a selected State to coordinate implementation of the pilot project in that State. ``(iii) Information dissemination.--A selected State and selected sponsoring organization shall-- ``(I) notify each eligible child care center in the State about the pilot project, including the reimbursement rates, timeline, and procedures under the pilot project; and ``(II) provide information about the pilot project to parents or guardians of children attending eligible child care centers. ``(4) Considerations.--In developing recommendations under paragraph (2)(B), the Advisory Committee shall consider-- ``(A) information, recommendations, and reports from the Child and Adult Care Food Program Paperwork Reduction Work Group established pursuant to section 336 of the Healthy, Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note; Public Law 111-296); and ``(B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators. ``(ii) Recommendations for legislative action that may strengthen and streamline the program application and monitoring processes and reduce administrative burdens on grantees, program participants, the Federal Government, and local and State governments.''.

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. ``(ii) Eligible child care center.--The term `eligible child care center' means a child care center that-- ``(I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and ``(II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. ``(iii) Eligible sponsoring organization.-- The term `eligible sponsoring organization' means an organization that is a public or private nonprofit organization acting as a sponsoring organization for 1 or more child care centers participating in the program authorized under this section. ``(iii) Priority.--In carrying out clause (i), the Secretary shall give priority to a State based on-- ``(I) the level of childhood poverty in the service area of the selected sponsoring organization; and ``(II) the extent to which that sponsoring organization demonstrates expertise and capacity in, and commitment to, implementing the pilot project. ``(H) Report.--Not later than 1 year after the start date of the last pilot project commenced during the first year of the program established under subparagraph (B)(i), and annually thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing-- ``(i) the status of each active pilot project; and ``(ii) the manner in which the funds authorized under subparagraph (I) are used to carry out this paragraph. ``(6) Report.-- ``(A) In general.--Not later than 180 days after issuing guidance and regulations under paragraph (5), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the information described in subparagraph (B).

To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program. ``(C) First year of option.-- ``(i) In general.--For each month of the first fiscal year of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the rate for free meals and supplements shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. ``(vii) Selected sponsoring organization.-- The term `selected sponsoring organization' means an eligible sponsoring organization selected under subparagraph (D)(iv) by a selected State to coordinate implementation of the pilot project in that State. ``(iii) Information dissemination.--A selected State and selected sponsoring organization shall-- ``(I) notify each eligible child care center in the State about the pilot project, including the reimbursement rates, timeline, and procedures under the pilot project; and ``(II) provide information about the pilot project to parents or guardians of children attending eligible child care centers. ``(4) Considerations.--In developing recommendations under paragraph (2)(B), the Advisory Committee shall consider-- ``(A) information, recommendations, and reports from the Child and Adult Care Food Program Paperwork Reduction Work Group established pursuant to section 336 of the Healthy, Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note; Public Law 111-296); and ``(B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators. ``(ii) Recommendations for legislative action that may strengthen and streamline the program application and monitoring processes and reduce administrative burdens on grantees, program participants, the Federal Government, and local and State governments.''.

Access to Healthy Food for Young Children Act of 2021 - Amends the Richard B. Russell National School Lunch Act to improve the child and adult care food program. (Sec. 2) Increases the reimbursement factor for each meal and supplement under this Act by 10 cents per child served. (Sets forth provisions regarding: (1) nonpricing programs; (2) streamlining program Directs the Secretary of Health and Human Services to establish a pilot program to carry out pilot projects in selected States under which meals and supplements are provided at no charge to every child in a child care center. Requires each pilot project to begin in a selected state not later than one year after enactment of this Act. Requires the Secretary to select up to six states to each carry out a pilot Amends the Richard B. Russell National School Lunch Act to: (1) authorize appropriations for FY 2022 through 2026 for a pilot program to provide free and reduced price meals and supplements to eligible child care centers in a selected state; (2) require a state and a sponsoring organization to administer the pilot project; and (3) establish an advisory committee on the reduction of paper Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to issue guidance and regulations for streamlined and consolidated paperwork and recordkeeping requirements for the program, including: (1) eliminating the use of an enrollment form; (2) allowing direct certification in all States; (3) requiring States to accept digital forms, digitized and electronic signatures, and electronic records

S.1730

Labor and Employment

Retirement Savings Lost and Found Act of 2021 This bill establishes an online Retirement Savings Lost and Found (RSLF), managed by the Pension Benefit Guaranty Corporation (PBGC), to assist individuals in locating certain employer-sponsored retirement accounts. The RSLF must provide plan participants or beneficiaries only with the ability to view contact information for the administrator of a plan that is sufficient to locate the plan. The bill sets forth additional reporting and notification requirements for retirement plans. The PBGC must take precautions to (1) safeguard the privacy and security of participants' plan information, and (2) permit plan participants to opt out of inclusion in the RSLF. The bill also revises provisions that permit mandatory distributions of the balances of small retirement accounts using a rollover into an Individual Retirement Account (IRA). The bill modifies the investment options available for the distributions and increases the maximum account balance that may be subject to such a distribution. A plan must transfer unclaimed mandatory distributions that are $1,000 or less to the RSLF, and the RSLF must pay the balance upon locating a plan participant or beneficiary.

To increase portability of and access to retirement savings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Savings Lost and Found Act of 2021''. SEC. 2. RETIREMENT SAVINGS LOST AND FOUND. (a) Retirement Savings Lost and Found.-- (1) Establishment.-- (A) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, in cooperation, shall establish an online searchable database (to be managed by the Pension Benefit Guaranty Corporation in accordance with section 4051 of the Employee Retirement Income Security Act of 1974) to be known as the ``Retirement Savings Lost and Found''. The Retirement Savings Lost and Found shall-- (i) allow an individual to search for information that enables the individual to locate the plan administrator of any plans with respect to which the individual is or was a participant or beneficiary, and to provide contact information for the plan administrator of any plan described in subparagraph (B); (ii) allow the corporation to assist such an individual in locating any plan of the individual; and (iii) allow the corporation to make any necessary changes to contact information on record for the plan administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the plan administrator, or other causes. The Retirement Savings Lost and Found established under this subparagraph shall include information reported under section 4051 of the Employee Retirement Income Security Act of 1974 and other relevant information obtained by the Pension Benefit Guaranty Corporation. (B) Plans described.--A plan described in this subparagraph is a plan to which the vesting standards of section 203 of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 apply. (2) Administration.--The Retirement Savings Lost and Found established under paragraph (1) shall provide individuals described in paragraph (1)(A) only with the ability to view contact information for the plan administrator of any plan with respect to which the individual is or was a participant or beneficiary, sufficient to allow the individual to locate the individual's plan in order to recover any benefit owing to the individual under the plan. (3) Safeguarding participant privacy and security.--In establishing the Retirement Savings Lost and Found under paragraph (1), the Pension Benefit Guaranty Corporation, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, shall take all necessary and proper precautions to ensure that individuals' plan information maintained by the Retirement Savings Lost and Found is protected and that persons other than the individual cannot fraudulently claim the benefits to which any individual is entitled, and to allow any individual to opt out of inclusion in the Retirement Savings Lost and Found at the election of the individual. (b) Office of the Retirement Savings Lost and Found.-- (1) In general.--Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341 et seq.) is amended by adding at the end the following: ``SEC. 4051. OFFICE OF THE RETIREMENT SAVINGS LOST AND FOUND. ``(a) Establishment; Responsibilities of Office.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the `Office'). ``(2) Responsibilities of office.-- ``(A) In general.--The Office shall-- ``(i) carry out subsection (b) of this section; ``(ii) maintain the Retirement Savings Lost and Found established under section 2(a) of the Retirement Savings Lost and Found Act of 2021; and ``(iii) perform an annual audit of plan information contained in the Retirement Savings Lost and Found and ensure that such information is current and accurate. ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. ``(ii) Report.--The corporation shall report on the results of the analysis under clause (i) to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives. ``(b) Certain Non-Responsive Participants Entitled to Small Benefits.-- ``(1) General rule.-- ``(A) Transfer to the office of the retirement savings lost and found.--The administrator of a plan that is not terminated and to which section 401(a)(31)(B) of the Internal Revenue Code of 1986 applies shall transfer to the Office the amount required to be transferred under section 401(a)(31)(B)(iv) of such Code for a non-responsive participant. ``(B) Information and payment to the office.--Upon making a transfer under subparagraph (A), the plan administrator shall provide such information and certifications as the Office shall specify, including with respect to the transferred amount and the non- responsive participant. ``(C) Information requirements after transfer.--In the event that, after a transfer is made under subparagraph (A), the relevant non-responsive participant contacts the plan administrator or the plan administrator discovers information that may assist the Office in locating the non-responsive participant, the plan administrator shall notify and provide such information as the Office shall specify to the Office. ``(D) Search and payment by the office following transfer.--The Office shall periodically, and upon receiving information described in subparagraph (C), conduct a search for the non-responsive participant for whom the Office has received a transfer under subparagraph (A). Upon location of a non-responsive participant who claims benefits, the Office shall make a single payment to the non-responsive participant in an amount equal to the sum of-- ``(i) the amount transferred to the Office under subparagraph (A) for such participant; and ``(ii) the return on the investment attributable to such amount under section 4005(j)(3). ``(2) Definition.--For purposes of this subsection, the term `non-responsive participant' means a participant or beneficiary of a plan described in paragraph (1)(A)-- ``(A) who is entitled to a benefit subject to a mandatory transfer under section 401(a)(31)(B)(iii) of the Internal Revenue Code of 1986; and ``(B) for whom the plan has satisfied the conditions in section 401(a)(31)(B)(iv) of such Code. ``(3) Regulatory authority.--The Office shall prescribe such regulations as are necessary to carry out the purposes of this section, including rules relating to the amount payable to the Office and the amount to be paid by the Office. ``(c) Information Collection.--Within such period after the end of a plan year as the Office may by regulations prescribe, the administrator of a plan to which the vesting standards of section 203 apply shall submit the following information, and such other information as the corporation may require, to the corporation in such form as the corporation may require: ``(1) The information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986. ``(2) The information described in subparagraphs (A), (B), (E), and (F) of section 6057(a)(2) of the Internal Revenue Code of 1986. ``(d) Effective Date.--The requirements of subsections (b) and (c) shall apply with respect to plan years beginning after the second December 31 occurring after the date of the enactment of this section. ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (2) Establishment of fund for transferred assets.--Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) is amended by adding at the end the following: ``(j)(1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). ``(2) Such fund shall be credited with the appropriate-- ``(A) amounts transferred to the Office of the Retirement Savings Lost and Found under section 4051(b)(1)(A); and ``(B) earnings on investments of the fund or on assets credited to the fund. ``(3) Whenever the corporation determines that the moneys of any fund are in excess of current needs, it may request the investment of such amounts as it determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States.''. (3) Conforming amendment.--The table of contents for the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after the matter relating to section 4050 the following: ``Sec. 4051. Certain non-responsive participants entitled to small benefits.''. (c) Mandatory Transfers of Rollover Distributions.-- (1) Investment options.-- (A) In general.--Subparagraph (B) of section 404(c)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(3)) is amended by striking the period at the end and inserting ``, and, to the extent the Secretary provides in guidance or regulations issued after the enactment of the Retirement Savings Lost and Found Act of 2021, is made to-- ``(i) a target date or life cycle fund held under such account; ``(ii) as described in section 2550.404a-2 of title 29, Code of Federal Regulations, an investment product held under such account designed to preserve principal and provide a reasonable rate of return; ``(iii) the Office of the Retirement Savings Lost and Found in accordance with section 401(a)(31)(B)(iv) of the Internal Revenue Code of 1986 and section 2(c)(2)(A)(ii) of the Retirement Savings Lost and Found Act of 2021; or ``(iv) such other option as the Secretary may so provide.''. (B) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Labor shall promulgate regulations identifying the target date or life cycle funds, or specifying the characteristics of such a fund, that will be deemed to meet the requirements of section 404(c)(3)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(3)(B)), as amended by subparagraph (A). (2) Expansion of cap; authority to transfer lesser amounts.-- (A) Cap.--Sections 401(a)(31)(B)(ii) and 411(a)(11)(A) of the Internal Revenue Code of 1986 and section 203(e)(1) of the Employee Retirement Income Security Act of 1974 are each amended by striking ``$5,000'' and inserting ``$6,000''. (B) Distribution of larger amounts to individual retirement plans only.--Section 401(a)(31)(B)(i) of such Code is amended by adding at the end the following: ``The Office of the Retirement Savings Lost and Found established by section 2 of the Retirement Savings Lost and Found Act of 2021 shall not be treated as a trustee or issuer which is eligible to receive such distributions.''. (C) Lesser amounts.--Section 401(a)(31)(B) of such Code is amended by adding at the end the following new clauses: ``(iii) Treatment of lesser amounts.--In the case of a trust which is part of an eligible plan, such trust shall not be a qualified trust under this section unless such plan provides that, if a participant in the plan separates from the service covered by the plan and the nonforfeitable accrued benefit described in clause (ii) is not in excess of $1,000, the plan administrator shall (either separately or as part of the notice under section 402(f)) notify the participant that the participant is entitled to such benefit or attempt to pay the benefit directly to the participant. ``(iv) Transfers to retirement savings lost and found.--If, after a plan administrator takes the action required under clause (iii), the participant does not-- ``(I) within 6 months of the notification under such clause, make an election under subparagraph (A) or elect to receive a distribution of the benefit directly, or ``(II) accept any direct payment made under such clause within 6 months of the attempted payment, the plan administrator shall transfer the amount of such benefit to the Office of the Retirement Savings Lost and Found in accordance with section 4051(b) of the Employee Retirement Income Security Act of 1974. ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. (D) Effective date.--The amendments made by this paragraph shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. (d) Better Reporting for Mandatory Transfers.-- (1) In general.--Paragraph (2) of section 6057(a) of the Internal Revenue Code of 1986 is amended-- (A) in subparagraph (C)-- (i) by striking ``during such plan year'' in clause (i) and inserting ``during the plan year immediately preceding such plan year''; (ii) by adding ``and'' at the end of clause (i); and (iii) by striking clause (iii); (B) by redesignating subparagraph (E) as subparagraph (G); (C) by striking ``and'' at the end of subparagraph (D); and (D) by inserting after subparagraph (D) the following new subparagraphs: ``(E) the name and taxpayer identifying number of each participant or former participant in the plan-- ``(i) who, during the current plan year or any previous plan year, was reported under subparagraph (C), and with respect to whom the benefits described in subparagraph (C)(ii) were fully paid during the plan year, ``(ii) with respect to whom any amount was distributed under section 401(a)(31)(B) during the plan year, or ``(iii) with respect to whom a deferred annuity contract was distributed during the plan year, ``(F) in the case of a participant or former participant to whom subparagraph (E) applies-- ``(i) in the case of a participant described in clause (ii) thereof, the name and address of the designated trustee or issuer described in section 401(a)(31)(B)(i) and the account number of the individual retirement plan to which the amount was distributed, and ``(ii) in the case of a participant described in clause (iii) thereof, the name and address of the issuer of such annuity contract and the contract or certificate number, and''. (2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. (B) Penalty.--Subsection (i) of section 6652 of such Code is amended-- (i) by striking ``to Recipients'' in the heading and inserting ``or Notification''; (ii) by striking ``402(f),'' and inserting ``402(f) or a notification as required by section 402(e)(6)(B),''; and (iii) by striking ``such written explanation'' and inserting ``such written explanation or notification''. (C) Reports.--Subsection (i) of section 408 of such Code is amended-- (i) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; and (iii) by striking ``as the Secretary prescribes'' in subparagraph (B)(ii), as so redesignated, and all that follows through ``a simple retirement account'' and inserting ``as the Secretary prescribes. ``(3) Simple retirement accounts.--In the case of a simple retirement account''; (iv) by striking ``Reports.--The trustee of'' and inserting ``Reports.-- ``(1) In general.--The trustee of''; (v) by striking ``under paragraph (2)'' in paragraph (3), as added by clause (iii), and inserting ``under paragraph (1)(B)''; and (vi) by inserting after paragraph (1)(B)(ii), as redesignated by the preceding clauses, the following new paragraph: ``(2) Mandatory distributions.--In the case of an account, contract, or annuity to which a transfer under section 401(a)(31)(B) is made (including a transfer from the individual retirement plan to which the original transfer under such section was made to another individual retirement plan), the report required by this subsection for the year of the transfer and any year in which the information previously reported in subparagraph (B) changes shall-- ``(A) identify such transfer as a mandatory distribution required by such section, ``(B) include the name, address, and taxpayer identifying number of the trustee or issuer of the individual retirement plan to which the amount is transferred, and ``(C) be filed with the Pension Benefit Guaranty Corporation as well as with the Secretary.''. (3) Notification of participants upon separation.-- Subsection (e) of section 6057 of such Code is amended by inserting ``, and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 2(a)(1) of the Retirement Savings Lost and Found Act of 2021'' before the period at the end of the second sentence. (4) Effective date.--The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. (e) Requirement of Electronic Filing.-- (1) In general.--Paragraph (2) of section 6011(e) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (B) by striking ``regulations.--In prescribing'' and inserting ``regulations.-- ``(A) In general.--In prescribing''; and (C) by adding at the end the following new subparagraph: ``(C) Exceptions.--Notwithstanding subparagraph (A), the Secretary shall require returns or reports required under-- ``(i) sections 6057, 6058, and 6059, and ``(ii) sections 408(i), 6041, and 6047 to the extent such return or report relates to the tax treatment of a distribution from a plan, account, contract, or annuity, to be filed on magnetic media, but only with respect to persons who are required to file at least 50 returns during the calendar year which includes the first day of the plan year to which such returns or reports relate.''. (2) Effective date.--The amendments made by this paragraph shall apply to returns and reports relating to years beginning after the second December 31 occurring after the date of the enactment of this Act. (f) Rulemaking To Clarify Fiduciary Duties.-- (1) Request for information.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a request for information relating to the rulemaking described in paragraph (2). (2) Issuance of final rule.--Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. (B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants. <all>

Retirement Savings Lost and Found Act of 2021

A bill to increase portability of and access to retirement savings, and for other purposes.

Retirement Savings Lost and Found Act of 2021

Sen. Warren, Elizabeth

D

MA

This bill establishes an online Retirement Savings Lost and Found (RSLF), managed by the Pension Benefit Guaranty Corporation (PBGC), to assist individuals in locating certain employer-sponsored retirement accounts. The RSLF must provide plan participants or beneficiaries only with the ability to view contact information for the administrator of a plan that is sufficient to locate the plan. The bill sets forth additional reporting and notification requirements for retirement plans. The PBGC must take precautions to (1) safeguard the privacy and security of participants' plan information, and (2) permit plan participants to opt out of inclusion in the RSLF. The bill also revises provisions that permit mandatory distributions of the balances of small retirement accounts using a rollover into an Individual Retirement Account (IRA). The bill modifies the investment options available for the distributions and increases the maximum account balance that may be subject to such a distribution. A plan must transfer unclaimed mandatory distributions that are $1,000 or less to the RSLF, and the RSLF must pay the balance upon locating a plan participant or beneficiary.

SHORT TITLE. This Act may be cited as the ``Retirement Savings Lost and Found Act of 2021''. SEC. 2. RETIREMENT SAVINGS LOST AND FOUND. The Retirement Savings Lost and Found shall-- (i) allow an individual to search for information that enables the individual to locate the plan administrator of any plans with respect to which the individual is or was a participant or beneficiary, and to provide contact information for the plan administrator of any plan described in subparagraph (B); (ii) allow the corporation to assist such an individual in locating any plan of the individual; and (iii) allow the corporation to make any necessary changes to contact information on record for the plan administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the plan administrator, or other causes. 1341 et seq.) ``(a) Establishment; Responsibilities of Office.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the `Office'). ``(3) Regulatory authority.--The Office shall prescribe such regulations as are necessary to carry out the purposes of this section, including rules relating to the amount payable to the Office and the amount to be paid by the Office. ``(2) The information described in subparagraphs (A), (B), (E), and (F) of section 6057(a)(2) of the Internal Revenue Code of 1986. (2) Establishment of fund for transferred assets.--Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 4051. Certain non-responsive participants entitled to small benefits.''. 1104(c)(3)(B)), as amended by subparagraph (A). (2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. (4) Effective date.--The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. (B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants.

This Act may be cited as the ``Retirement Savings Lost and Found Act of 2021''. 2. RETIREMENT SAVINGS LOST AND FOUND. The Retirement Savings Lost and Found shall-- (i) allow an individual to search for information that enables the individual to locate the plan administrator of any plans with respect to which the individual is or was a participant or beneficiary, and to provide contact information for the plan administrator of any plan described in subparagraph (B); (ii) allow the corporation to assist such an individual in locating any plan of the individual; and (iii) allow the corporation to make any necessary changes to contact information on record for the plan administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the plan administrator, or other causes. ``(a) Establishment; Responsibilities of Office.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the `Office'). (2) Establishment of fund for transferred assets.--Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 4051. Certain non-responsive participants entitled to small benefits.''. 1104(c)(3)(B)), as amended by subparagraph (A). (2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''.

SHORT TITLE. This Act may be cited as the ``Retirement Savings Lost and Found Act of 2021''. SEC. 2. RETIREMENT SAVINGS LOST AND FOUND. The Retirement Savings Lost and Found shall-- (i) allow an individual to search for information that enables the individual to locate the plan administrator of any plans with respect to which the individual is or was a participant or beneficiary, and to provide contact information for the plan administrator of any plan described in subparagraph (B); (ii) allow the corporation to assist such an individual in locating any plan of the individual; and (iii) allow the corporation to make any necessary changes to contact information on record for the plan administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the plan administrator, or other causes. 1341 et seq.) ``(a) Establishment; Responsibilities of Office.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the `Office'). ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. ``(ii) Report.--The corporation shall report on the results of the analysis under clause (i) to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives. ``(3) Regulatory authority.--The Office shall prescribe such regulations as are necessary to carry out the purposes of this section, including rules relating to the amount payable to the Office and the amount to be paid by the Office. ``(2) The information described in subparagraphs (A), (B), (E), and (F) of section 6057(a)(2) of the Internal Revenue Code of 1986. (2) Establishment of fund for transferred assets.--Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ``(3) Whenever the corporation determines that the moneys of any fund are in excess of current needs, it may request the investment of such amounts as it determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States.''. 4051. Certain non-responsive participants entitled to small benefits.''. 1104(c)(3)(B)), as amended by subparagraph (A). (2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. (C) Reports.--Subsection (i) of section 408 of such Code is amended-- (i) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; and (iii) by striking ``as the Secretary prescribes'' in subparagraph (B)(ii), as so redesignated, and all that follows through ``a simple retirement account'' and inserting ``as the Secretary prescribes. (4) Effective date.--The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. (B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants.

SHORT TITLE. This Act may be cited as the ``Retirement Savings Lost and Found Act of 2021''. SEC. 2. RETIREMENT SAVINGS LOST AND FOUND. The Retirement Savings Lost and Found shall-- (i) allow an individual to search for information that enables the individual to locate the plan administrator of any plans with respect to which the individual is or was a participant or beneficiary, and to provide contact information for the plan administrator of any plan described in subparagraph (B); (ii) allow the corporation to assist such an individual in locating any plan of the individual; and (iii) allow the corporation to make any necessary changes to contact information on record for the plan administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan, division of the plan into two or more plans, bankruptcy, termination, change in name of the plan, change in name or address of the plan administrator, or other causes. 1341 et seq.) ``(a) Establishment; Responsibilities of Office.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the `Office'). ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. ``(ii) Report.--The corporation shall report on the results of the analysis under clause (i) to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives. ``(3) Regulatory authority.--The Office shall prescribe such regulations as are necessary to carry out the purposes of this section, including rules relating to the amount payable to the Office and the amount to be paid by the Office. ``(2) The information described in subparagraphs (A), (B), (E), and (F) of section 6057(a)(2) of the Internal Revenue Code of 1986. ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (2) Establishment of fund for transferred assets.--Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) is amended by adding at the end the following: ``(j)(1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). ``(3) Whenever the corporation determines that the moneys of any fund are in excess of current needs, it may request the investment of such amounts as it determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States.''. 4051. Certain non-responsive participants entitled to small benefits.''. (B) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Labor shall promulgate regulations identifying the target date or life cycle funds, or specifying the characteristics of such a fund, that will be deemed to meet the requirements of section 404(c)(3)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(3)(B)), as amended by subparagraph (A). (C) Lesser amounts.--Section 401(a)(31)(B) of such Code is amended by adding at the end the following new clauses: ``(iii) Treatment of lesser amounts.--In the case of a trust which is part of an eligible plan, such trust shall not be a qualified trust under this section unless such plan provides that, if a participant in the plan separates from the service covered by the plan and the nonforfeitable accrued benefit described in clause (ii) is not in excess of $1,000, the plan administrator shall (either separately or as part of the notice under section 402(f)) notify the participant that the participant is entitled to such benefit or attempt to pay the benefit directly to the participant. (2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. (C) Reports.--Subsection (i) of section 408 of such Code is amended-- (i) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; and (iii) by striking ``as the Secretary prescribes'' in subparagraph (B)(ii), as so redesignated, and all that follows through ``a simple retirement account'' and inserting ``as the Secretary prescribes. (4) Effective date.--The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. (B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants.

To increase portability of and access to retirement savings, and for other purposes. a) Retirement Savings Lost and Found.-- (1) Establishment.-- (A) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, in cooperation, shall establish an online searchable database (to be managed by the Pension Benefit Guaranty Corporation in accordance with section 4051 of the Employee Retirement Income Security Act of 1974) to be known as the ``Retirement Savings Lost and Found''. The Retirement Savings Lost and Found established under this subparagraph shall include information reported under section 4051 of the Employee Retirement Income Security Act of 1974 and other relevant information obtained by the Pension Benefit Guaranty Corporation. ( B) Plans described.--A plan described in this subparagraph is a plan to which the vesting standards of section 203 of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 apply. (2) Administration.--The Retirement Savings Lost and Found established under paragraph (1) shall provide individuals described in paragraph (1)(A) only with the ability to view contact information for the plan administrator of any plan with respect to which the individual is or was a participant or beneficiary, sufficient to allow the individual to locate the individual's plan in order to recover any benefit owing to the individual under the plan. ( b) Office of the Retirement Savings Lost and Found.-- (1) In general.--Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341 et seq.) ``(a) Establishment; Responsibilities of Office.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the `Office'). ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. ``(b) Certain Non-Responsive Participants Entitled to Small Benefits.-- ``(1) General rule.-- ``(A) Transfer to the office of the retirement savings lost and found.--The administrator of a plan that is not terminated and to which section 401(a)(31)(B) of the Internal Revenue Code of 1986 applies shall transfer to the Office the amount required to be transferred under section 401(a)(31)(B)(iv) of such Code for a non-responsive participant. ``(D) Search and payment by the office following transfer.--The Office shall periodically, and upon receiving information described in subparagraph (C), conduct a search for the non-responsive participant for whom the Office has received a transfer under subparagraph (A). Upon location of a non-responsive participant who claims benefits, the Office shall make a single payment to the non-responsive participant in an amount equal to the sum of-- ``(i) the amount transferred to the Office under subparagraph (A) for such participant; and ``(ii) the return on the investment attributable to such amount under section 4005(j)(3). ``(c) Information Collection.--Within such period after the end of a plan year as the Office may by regulations prescribe, the administrator of a plan to which the vesting standards of section 203 apply shall submit the following information, and such other information as the corporation may require, to the corporation in such form as the corporation may require: ``(1) The information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986. ``(2) The information described in subparagraphs (A), (B), (E), and (F) of section 6057(a)(2) of the Internal Revenue Code of 1986. 2) Establishment of fund for transferred assets.--Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) is amended by adding at the end the following: ``(j)(1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). is amended by inserting after the matter relating to section 4050 the following: ``Sec. Certain non-responsive participants entitled to small benefits.''. ( (B) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Labor shall promulgate regulations identifying the target date or life cycle funds, or specifying the characteristics of such a fund, that will be deemed to meet the requirements of section 404(c)(3)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(3)(B)), as amended by subparagraph (A). ( B) Distribution of larger amounts to individual retirement plans only.--Section 401(a)(31)(B)(i) of such Code is amended by adding at the end the following: ``The Office of the Retirement Savings Lost and Found established by section 2 of the Retirement Savings Lost and Found Act of 2021 shall not be treated as a trustee or issuer which is eligible to receive such distributions.''. ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. ( D) Effective date.--The amendments made by this paragraph shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. (2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. ( B) Penalty.--Subsection (i) of section 6652 of such Code is amended-- (i) by striking ``to Recipients'' in the heading and inserting ``or Notification''; (ii) by striking ``402(f),'' and inserting ``402(f) or a notification as required by section 402(e)(6)(B),''; and (iii) by striking ``such written explanation'' and inserting ``such written explanation or notification''. ( (3) Notification of participants upon separation.-- Subsection (e) of section 6057 of such Code is amended by inserting ``, and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 2(a)(1) of the Retirement Savings Lost and Found Act of 2021'' before the period at the end of the second sentence. ( 4) Effective date.--The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. 2) Effective date.--The amendments made by this paragraph shall apply to returns and reports relating to years beginning after the second December 31 occurring after the date of the enactment of this Act. ( f) Rulemaking To Clarify Fiduciary Duties.-- (1) Request for information.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a request for information relating to the rulemaking described in paragraph (2). (2) Issuance of final rule.--Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. ( B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants.

To increase portability of and access to retirement savings, and for other purposes. a) Retirement Savings Lost and Found.-- (1) Establishment.-- (A) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, in cooperation, shall establish an online searchable database (to be managed by the Pension Benefit Guaranty Corporation in accordance with section 4051 of the Employee Retirement Income Security Act of 1974) to be known as the ``Retirement Savings Lost and Found''. (2) Administration.--The Retirement Savings Lost and Found established under paragraph (1) shall provide individuals described in paragraph (1)(A) only with the ability to view contact information for the plan administrator of any plan with respect to which the individual is or was a participant or beneficiary, sufficient to allow the individual to locate the individual's plan in order to recover any benefit owing to the individual under the plan. ( ``(a) Establishment; Responsibilities of Office.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this section, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce shall establish within the corporation an Office of the Retirement Savings Lost and Found (in this section referred to as the `Office'). ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. ``(D) Search and payment by the office following transfer.--The Office shall periodically, and upon receiving information described in subparagraph (C), conduct a search for the non-responsive participant for whom the Office has received a transfer under subparagraph (A). Upon location of a non-responsive participant who claims benefits, the Office shall make a single payment to the non-responsive participant in an amount equal to the sum of-- ``(i) the amount transferred to the Office under subparagraph (A) for such participant; and ``(ii) the return on the investment attributable to such amount under section 4005(j)(3). ``(2) Definition.--For purposes of this subsection, the term `non-responsive participant' means a participant or beneficiary of a plan described in paragraph (1)(A)-- ``(A) who is entitled to a benefit subject to a mandatory transfer under section 401(a)(31)(B)(iii) of the Internal Revenue Code of 1986; and ``(B) for whom the plan has satisfied the conditions in section 401(a)(31)(B)(iv) of such Code. 1305) is amended by adding at the end the following: ``(j)(1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). ``(2) Such fund shall be credited with the appropriate-- ``(A) amounts transferred to the Office of the Retirement Savings Lost and Found under section 4051(b)(1)(A); and ``(B) earnings on investments of the fund or on assets credited to the fund. (B) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Labor shall promulgate regulations identifying the target date or life cycle funds, or specifying the characteristics of such a fund, that will be deemed to meet the requirements of section 404(c)(3)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)(3)(B)), as amended by subparagraph (A). ( 2) Expansion of cap; authority to transfer lesser amounts.-- (A) Cap.--Sections 401(a)(31)(B)(ii) and 411(a)(11)(A) of the Internal Revenue Code of 1986 and section 203(e)(1) of the Employee Retirement Income Security Act of 1974 are each amended by striking ``$5,000'' and inserting ``$6,000''. ( ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. ( D) Effective date.--The amendments made by this paragraph shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. 2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. (B) Penalty.--Subsection (i) of section 6652 of such Code is amended-- (i) by striking ``to Recipients'' in the heading and inserting ``or Notification''; (ii) by striking ``402(f),'' and inserting ``402(f) or a notification as required by section 402(e)(6)(B),''; and (iii) by striking ``such written explanation'' and inserting ``such written explanation or notification''. ( C) Reports.--Subsection (i) of section 408 of such Code is amended-- (i) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the right; (ii) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; and (iii) by striking ``as the Secretary prescribes'' in subparagraph (B)(ii), as so redesignated, and all that follows through ``a simple retirement account'' and inserting ``as the Secretary prescribes. (3) Notification of participants upon separation.-- Subsection (e) of section 6057 of such Code is amended by inserting ``, and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 2(a)(1) of the Retirement Savings Lost and Found Act of 2021'' before the period at the end of the second sentence. ( 4) Effective date.--The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. ( (2) Issuance of final rule.--Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. ( B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants.

To increase portability of and access to retirement savings, and for other purposes. ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. Upon location of a non-responsive participant who claims benefits, the Office shall make a single payment to the non-responsive participant in an amount equal to the sum of-- ``(i) the amount transferred to the Office under subparagraph (A) for such participant; and ``(ii) the return on the investment attributable to such amount under section 4005(j)(3). 2) Expansion of cap; authority to transfer lesser amounts.-- (A) Cap.--Sections 401(a)(31)(B)(ii) and 411(a)(11)(A) of the Internal Revenue Code of 1986 and section 203(e)(1) of the Employee Retirement Income Security Act of 1974 are each amended by striking ``$5,000'' and inserting ``$6,000''. ( ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. ( 2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. ( (3) Notification of participants upon separation.-- Subsection (e) of section 6057 of such Code is amended by inserting ``, and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 2(a)(1) of the Retirement Savings Lost and Found Act of 2021'' before the period at the end of the second sentence. ( 2) Issuance of final rule.--Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. (

To increase portability of and access to retirement savings, and for other purposes. a) Retirement Savings Lost and Found.-- (1) Establishment.-- (A) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, in cooperation, shall establish an online searchable database (to be managed by the Pension Benefit Guaranty Corporation in accordance with section 4051 of the Employee Retirement Income Security Act of 1974) to be known as the ``Retirement Savings Lost and Found''. ( b) Office of the Retirement Savings Lost and Found.-- (1) In general.--Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341 et seq.) ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. ``(D) Search and payment by the office following transfer.--The Office shall periodically, and upon receiving information described in subparagraph (C), conduct a search for the non-responsive participant for whom the Office has received a transfer under subparagraph (A). ``(c) Information Collection.--Within such period after the end of a plan year as the Office may by regulations prescribe, the administrator of a plan to which the vesting standards of section 203 apply shall submit the following information, and such other information as the corporation may require, to the corporation in such form as the corporation may require: ``(1) The information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986. 1305) is amended by adding at the end the following: ``(j)(1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). B) Distribution of larger amounts to individual retirement plans only.--Section 401(a)(31)(B)(i) of such Code is amended by adding at the end the following: ``The Office of the Retirement Savings Lost and Found established by section 2 of the Retirement Savings Lost and Found Act of 2021 shall not be treated as a trustee or issuer which is eligible to receive such distributions.''. ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. ( D) Effective date.--The amendments made by this paragraph shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. ( ( B) Penalty.--Subsection (i) of section 6652 of such Code is amended-- (i) by striking ``to Recipients'' in the heading and inserting ``or Notification''; (ii) by striking ``402(f),'' and inserting ``402(f) or a notification as required by section 402(e)(6)(B),''; and (iii) by striking ``such written explanation'' and inserting ``such written explanation or notification''. ( 4) Effective date.--The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. ( f) Rulemaking To Clarify Fiduciary Duties.-- (1) Request for information.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a request for information relating to the rulemaking described in paragraph (2). ( B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants.

To increase portability of and access to retirement savings, and for other purposes. ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. Upon location of a non-responsive participant who claims benefits, the Office shall make a single payment to the non-responsive participant in an amount equal to the sum of-- ``(i) the amount transferred to the Office under subparagraph (A) for such participant; and ``(ii) the return on the investment attributable to such amount under section 4005(j)(3). 2) Expansion of cap; authority to transfer lesser amounts.-- (A) Cap.--Sections 401(a)(31)(B)(ii) and 411(a)(11)(A) of the Internal Revenue Code of 1986 and section 203(e)(1) of the Employee Retirement Income Security Act of 1974 are each amended by striking ``$5,000'' and inserting ``$6,000''. ( ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. ( 2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. ( (3) Notification of participants upon separation.-- Subsection (e) of section 6057 of such Code is amended by inserting ``, and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 2(a)(1) of the Retirement Savings Lost and Found Act of 2021'' before the period at the end of the second sentence. ( 2) Issuance of final rule.--Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. (

To increase portability of and access to retirement savings, and for other purposes. a) Retirement Savings Lost and Found.-- (1) Establishment.-- (A) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Labor, the Secretary of the Treasury, and the Secretary of Commerce, in cooperation, shall establish an online searchable database (to be managed by the Pension Benefit Guaranty Corporation in accordance with section 4051 of the Employee Retirement Income Security Act of 1974) to be known as the ``Retirement Savings Lost and Found''. ( b) Office of the Retirement Savings Lost and Found.-- (1) In general.--Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341 et seq.) ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. ``(D) Search and payment by the office following transfer.--The Office shall periodically, and upon receiving information described in subparagraph (C), conduct a search for the non-responsive participant for whom the Office has received a transfer under subparagraph (A). ``(c) Information Collection.--Within such period after the end of a plan year as the Office may by regulations prescribe, the administrator of a plan to which the vesting standards of section 203 apply shall submit the following information, and such other information as the corporation may require, to the corporation in such form as the corporation may require: ``(1) The information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986. 1305) is amended by adding at the end the following: ``(j)(1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). B) Distribution of larger amounts to individual retirement plans only.--Section 401(a)(31)(B)(i) of such Code is amended by adding at the end the following: ``The Office of the Retirement Savings Lost and Found established by section 2 of the Retirement Savings Lost and Found Act of 2021 shall not be treated as a trustee or issuer which is eligible to receive such distributions.''. ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. ( D) Effective date.--The amendments made by this paragraph shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. ( ( B) Penalty.--Subsection (i) of section 6652 of such Code is amended-- (i) by striking ``to Recipients'' in the heading and inserting ``or Notification''; (ii) by striking ``402(f),'' and inserting ``402(f) or a notification as required by section 402(e)(6)(B),''; and (iii) by striking ``such written explanation'' and inserting ``such written explanation or notification''. ( 4) Effective date.--The amendments made by this paragraph shall apply to distributions made in, and returns and reports relating to, years beginning after the second December 31 occurring after the date of the enactment of this Act. ( f) Rulemaking To Clarify Fiduciary Duties.-- (1) Request for information.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a request for information relating to the rulemaking described in paragraph (2). ( B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants.

To increase portability of and access to retirement savings, and for other purposes. 2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. ( (3) Notification of participants upon separation.-- Subsection (e) of section 6057 of such Code is amended by inserting ``, and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 2(a)(1) of the Retirement Savings Lost and Found Act of 2021'' before the period at the end of the second sentence. ( 2) Issuance of final rule.--Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. (

To increase portability of and access to retirement savings, and for other purposes. ``(B) Option to contract.-- ``(i) In general.--Not later than 2 years after the date of enactment of this section, the corporation shall conduct an analysis of the cost effectiveness of contracting with a third party to carry out the responsibilities under subparagraph (A)(iii) and, upon a determination that such contracting would be more cost effective than carrying out such responsibilities within the Office, the corporation may enter into such contracts as merited by such analysis. ``(c) Information Collection.--Within such period after the end of a plan year as the Office may by regulations prescribe, the administrator of a plan to which the vesting standards of section 203 apply shall submit the following information, and such other information as the corporation may require, to the corporation in such form as the corporation may require: ``(1) The information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986. 1305) is amended by adding at the end the following: ``(j)(1) A ninth fund shall be established for the payment of benefits under section 4051(b)(1)(D). ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. ( D) Effective date.--The amendments made by this paragraph shall apply to vested benefits with respect to participants who separate from service connected to the plan in plan years beginning after the second December 31 occurring after the date of the enactment of this Act. ( ( ( f) Rulemaking To Clarify Fiduciary Duties.-- (1) Request for information.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a request for information relating to the rulemaking described in paragraph (2). ( B) The ongoing practices and procedures a plan sponsor must institute in order to meet such fiduciary duty with respect to maintaining up-to-date contact information on deferred vested participants.

To increase portability of and access to retirement savings, and for other purposes. 2) Rules relating to direct trustee-to-trustee transfers.-- (A) In general.--Paragraph (6) of section 402(e) of such Code is amended-- (i) by striking ``transfers.--Any'' and inserting ``transfers.-- ``(A) In general.--Any''; and (ii) by adding at the end the following new subparagraph: ``(B) Notification of trustee.--In the case of a distribution under section 401(a)(31)(B), the plan administrator shall notify the designated trustee or issuer described in clause (i) thereof that the transfer is a mandatory distribution required by such section.''. ( (3) Notification of participants upon separation.-- Subsection (e) of section 6057 of such Code is amended by inserting ``, and, with respect to any benefit of the individual subject to section 401(a)(31)(B), a notice of availability of, and the contact information for, the Retirement Savings Lost and Found established under section 2(a)(1) of the Retirement Savings Lost and Found Act of 2021'' before the period at the end of the second sentence. ( 2) Issuance of final rule.--Not later than 3 years after such date, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a final rule that defines the following: (A) The steps a plan sponsor must take to locate a deferred vested participant in order to meet its fiduciary duty under section 404 of the Employee Retirement Income Security Act of 1974 with respect to locating that participant. (

To increase portability of and access to retirement savings, and for other purposes. ``(c) Information Collection.--Within such period after the end of a plan year as the Office may by regulations prescribe, the administrator of a plan to which the vesting standards of section 203 apply shall submit the following information, and such other information as the corporation may require, to the corporation in such form as the corporation may require: ``(1) The information described in paragraphs (1) through (4) of section 6057(b) of the Internal Revenue Code of 1986. ``(v) Income tax treatment of transfers to retirement savings lost and found.--For purposes of determining the income tax treatment of transfers to the Office of the Retirement Savings Lost and Found under clause (iv)-- ``(I) such a transfer shall be treated as a transfer to an individual retirement plan under clause (i), and ``(II) the distribution of such amounts by the Office of the Retirement Savings Lost and Found shall be treated as a distribution from an individual retirement plan.''. ( f) Rulemaking To Clarify Fiduciary Duties.-- (1) Request for information.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue a request for information relating to the rulemaking described in paragraph (2). (

Retirement Savings Lost and Found Act of 2021 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to direct the Secretary of Labor, the Secretaries of the Treasury, and the Department of Commerce to establish an online searchable database to be known as the Retirement Savings Lost &found to: (1) allow an individual to search for information that enables the Amends the Employee Retirement Income Security Act of 1974 (ERISA) to direct the Office of the Retirement Savings Lost and Found to make a single payment to a non-responsive participant in an amount equal to the sum of: (1) the amount transferred to the Office for such participant; and (2) the return on the investment attributable to such amount under ERISA. Requires the Amends the Internal Revenue Code to require a plan administrator to notify a participant of the nonforfeitable accrued benefit of the plan if the participant does not: (1) make an election or elect to receive a distribution of the benefit directly, or (2) accept any direct payment made under such Act within six months of the attempted payment. If the participant fails to make such an Amends the Internal Revenue Code to: (1) make mandatory distributions from an account, contract, or annuity to which a transfer under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) is made (including a transfer from the individual retirement plan to which the original transfer was made to another individual retirement

H.R.5344

International Affairs

Two-State Solution Act This bill addresses U.S. policy and related activities to preserve conditions for a two-state solution to resolve territorial disputes between Israel and Palestine. The bill prohibits the United States from providing support for projects in geographic regions that came under Israeli control after June 5, 1967. It also prohibits the use of any U.S. security assistance, defense articles, or defense services provided to Israel for efforts to annex or exercise permanent control over any part of the West Bank or Gaza. Current law designates the Palestine Liberation Organization (PLO) as a terrorist organization and restricts its activities (e.g., prohibiting it from maintaining an office in the United States). The President may waive for up to six months some of these restrictions to serve U.S. national security or diplomatic interests. If the President certifies that the PLO has ceased supporting terrorist actions and met other conditions, the bill automatically terminates the terrorist organization designation. Goods produced in the West Bank or Gaza that are imported into the United States must indicate those areas as the country of origin on their labels. The bill expands the scope of certain foreign and development assistance to foster initiatives, including shared educational opportunities and youth activities, that connect Israelis and Palestinians. Additionally, the Department of State and the U.S. Agency for International Development may jointly award grants to private, nonprofit organizations to promote human rights and democracy, strengthen civil society, and otherwise address the needs of the Palestinian people.

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Two-State Solution Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In May 2021, President Joseph R. Biden stated, ``the Palestinians and Israelis equally deserve to live safely and securely, and enjoy equal measures of freedom, prosperity and democracy''. (2) The United States has, under Democratic and Republican administrations since 2002, supported a two-state solution. (3) On December 6, 2019, the House of Representatives passed House Resolution 326 on a bipartisan basis, expressing the sense of the House of Representatives that ``only the outcome of a two-state solution that enhances stability and security for Israel, Palestinians, and their neighbors can both ensure the state of Israel's survival as a Jewish and democratic state and fulfill the legitimate aspirations of the Palestinian people for a state of their own'' and that ``a United States proposal to achieve a just, stable, and lasting solution to the Israeli-Palestinian conflict should expressly endorse a two-state solution as its objective and discourage steps by either side that would put a peaceful end to the conflict further out of reach''. (4) Democratic and Republican presidents have identified Israeli settlements as an obstacle to peace. President Ronald Reagan said, ``further settlement activity is in no way necessary for the security of Israel and only diminishes the confidence of the Arabs that a final outcome can be freely and fairly negotiated''. In 2003, President George W. Bush stated, ``As progress is made towards peace, settlement activity in the occupied territories must end.''. (5) On April 21, 1978, State Department Legal Adviser Herbert J. Hansell issued a legal opinion concluding that ``the establishment of the Israeli civilian settlements in the territories occupied by Israel is inconsistent with international law''. Secretary of State Mike Pompeo repudiated the 1978 legal opinion on November 18, 2019. (6) During the Trump Administration, Israel accelerated its advancement of settlement plans by more than 154 percent, as compared to the prior administration. (7) During the final year of the Trump Administration, the Israeli Government demolished 273 homes belonging to Palestinian families in the West Bank, the highest number of demolitions since 2016. As a result, 1,006 Palestinians, 519 of them minors, were displaced. (8) The Arms Export Control Act places numerous conditions and restrictions on the assistance it authorizes, including a prohibition on the use of such assistance ``for purposes other than those for which [it has been] furnished'' without prior presidential consent and a requirement that sales agreements entered into after November 29, 1999 allow the United States to verify ``credible reports'' that assistance has been used for unauthorized purposes. The Foreign Assistance Act of 1961 also places conditions and restrictions on the aid it authorizes and mandates that international security assistance programs ``promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States''. (9) Dating back to the administration of President Dwight D. Eisenhower, the United States has delineated explicitly authorized uses of the aid it provides to Israel. (10) Congress passed and President George W. Bush signed into law the Fiscal Year 2003 Emergency Wartime Supplemental Appropriations Act (Public Law 108-11), which authorized $9,000,000,000 in loan guarantees for Israel over 3 years and $1,000,000,000 in military grants. Public Law 108-11 stated, ``guarantees may be issued under this section only to support activities in the geographic areas which were subject to the administration of the Government of Israel before June 5, 1967''. (11) House Report 117-84, in explanation of the accompanying bill making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2022, which passed in the House of Representatives on July 28, 2021, states, ``the Committee urges the Secretary of State to address in bilateral consultations with Israel the importance of ensuring that MOU-supported equipment is not used in any way that undermines the prospects of a negotiated two-state solution''. SEC. 3. PURPOSE. The purpose of this Act is to preserve conditions for, and improve the likelihood of a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States-- (1) that only the outcome of a two-state solution can both ensure the state of Israel's survival as a democratic state and a national home for the Jewish people and fulfill the legitimate aspirations of the Palestinian people for a state of their own; (2) to discourage steps by either party to the conflict that would put a peaceful end to the conflict further out of reach; (3) that the establishment of Israeli settlements in the occupied Palestinian territories is inconsistent with international law; (4) that settlement expansion, demolitions of Palestinian homes, revocations of residency permits, and forced evictions of Palestinian civilians by Israel impede the establishment of a Palestinian state and violate the human rights of the Palestinian people; (5) to continue to implement fully the Memorandum of Understanding between the United States and Israel signed in 2016 and to help Israel address the myriad challenges it faces, including terrorism, and threats posed by actors in the region, such as Iran; (6) that the use of United States funding provided through the 2016 Memorandum of Understanding by the Government of Israel for activities that put a two-state solution further out of reach, including those that expand settlements, would be detrimental to Israel's security and inconsistent with section 2754 of title 22, United States Code, under which ``Defense articles and defense services shall be sold or leased by the United States Government under this chapter to friendly countries solely for internal security, for legitimate self- defense'' and other limited purposes; (7) to support programming that bolsters Palestinian civil society organizations and Palestinian government reforms, with the goal of fostering a Palestinian government that is democratic and enjoys credibility among the Palestinian people; (8) to oppose restrictions on civil liberties in the occupied Palestinian territories, including the arrest of activists, journalists, and peaceful protesters, and to support an end to the torture or abuse of individuals in detention; and (9) that a Palestinian government that respects civil and human rights and enjoys legitimacy among the Palestinian people is both necessary in its own right and important for productive negotiations on a two-state solution. SEC. 5. UNITED STATES POLICY RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. (a) Statement of Policy.--It is the policy of the United States that the West Bank, including East Jerusalem, and Gaza are occupied territories and should be referred to as such consistently in official United States policies, communications, and documents. (b) Marking of Imported Articles.-- (1) In general.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended-- (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following: ``(l) Articles Produced in the Occupied Palestinian Territories.-- Articles imported into the United States that are produced in the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act) shall have their place of production marked as `West Bank/Gaza', `West Bank/Gaza Strip', or `West Bank and Gaza' and shall not contain the words `Israel', `Made in Israel', `Occupied Territories-Israel', or words of similar meaning.''. (2) Effective date.--The amendments made by paragraph (1) take effect on the date of the enactment of this Act and apply with respect to any article described in subsection (l) of section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as added by paragraph (1), that is imported into the customs territory of the United States on or after the date that is 30 days after such date of enactment. (c) Geographic Restrictions Relating to U.S.-Israel Binational Foundations.--Notwithstanding any other provision of law, the United States may not provide support for projects conducted in geographic areas which came under the administration of the Government of Israel after June 5, 1967, and may not relate to subjects primarily pertinent to such areas, pursuant to agreements relating to the Binational Industrial Research and Development Foundation (BIRD), the Binational Science Foundation (BSF), and the Binational Agricultural Research and Development Foundation (BARD). SEC. 6. SECURITY ASSISTANCE RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. (a) Sense of Congress.--It is the sense of Congress that-- (1) the United States should ensure the aid it provides to Israel does not facilitate unilateral actions by the Israeli Government that impede the achievement of a two-state solution, including through unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories, is not used in a manner that violates internationally recognized human rights, and is used exclusively for the purposes authorized by law; and (2) there should be robust oversight of United States funding provided though the Memorandum of Understanding between the United States and Israel signed in 2016, in accordance with the Foreign Assistance Act of 1961 and the Arms Export Control Act. (b) Restriction Under Security Assistance Act of 2000.--Section 513(c) of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 856) is amended by adding at the end the following: ``(5) Rules of construction.--Nothing in this section may be construed-- ``(A) to provide authorization for the use of funds for programs, projects, activities, any type of materiel assistance, or other operations that further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes; or ``(B) to provide authorization for the use of funds for programs, projects, activities, any type of materiel assistance, or other operations that further, aid, or support unilateral efforts in contravention of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) or section 362 of title 10, United States Code.''. (c) Restriction Under Arms Export Control Act.--Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is amended by adding at the end before the period the following: ``: Provided further, That no defense articles or defense services may be sold or leased by the United States Government under this Act to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes''. SEC. 7. ASSISTANCE TO ADDRESS THE IMMEDIATE AND LONG-TERM NEEDS OF THE PALESTINIAN PEOPLE. (a) Findings.--Congress finds the following: (1) Palestinian Authority President Mahmoud Abbas postponed elections planned for 2021, prompting significant criticism and exacerbating popular Palestinian opposition stemming from the absence of a Palestinian state, violations of human rights and civil liberties, official corruption, and poor governance. (2) Since 2007, the militant organization Hamas, a United States-designated terrorist organization, has maintained control over Gaza, which faces a humanitarian crisis resulting from poor governance, recurrent conflict, and the Israeli and Egyptian blockade that restricts the movement of people and goods. Hamas has fired rockets at Israeli population centers, resulting in deaths of civilians in Israel, as well as Palestinian civilians in Gaza due to misfires. (3) The Consolidated Appropriations Act, 2021, imposes on assistance to the Palestinians certain restrictions and conditions, with limited exemption authorities, regarding any future Palestinian state and its governing entity, certifications and vetting prior to the obligation of funds, audit requirements, a general prohibition on assistance for the Palestinian Authority, and a prohibition on assistance for the Palestine Liberation Organization, Hamas, or ``any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence''. (b) Sense of Congress.--It is the sense of Congress that investments in Palestinian democracy, civil society organizations, and economic development will promote better governance and community engagement and improve the likelihood of free and fair elections, in turn setting the stage for negotiations in which a Palestinian government genuinely speaks for the Palestinian people. (c) Grants Authorized.--Subject to subsection (d), the Secretary of State and the Administrator of the United States Agency for International Development are authorized to jointly provide grants on an open and competitive basis to private, nonprofit organizations to support programs that promote human rights, democracy, and the rule of law, and strengthen civil society organizations to address the immediate and long-term needs of the Palestinian people in the occupied Palestinian territories in a manner that supports the sustainability of such organizations in implementing Palestinian-led humanitarian and development programs. (d) Limitation on Use of Funds.--None of the funds made available to carry out this section, or any amendment made by this section, may be used to provide-- (1) financial assistance to the national government of any foreign country; (2) assistance for-- (A) any individual or group the Secretary of State determines to be involved in, or advocating, terrorist activity; or (B) any individual who is a member of a foreign terrorist organization (as designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)); or (3) assistance for the Palestinian Authority or the Palestine Liberation Organization. (e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. (f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the impact of past democracy and governance programming in the occupied Palestinian territories. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated not less than $20,000,000 for each of the fiscal years 2022 through 2027 to carry out this section. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) for a fiscal year are authorized to remain available for 5 fiscal years. SEC. 8. AMENDMENT TO THE ANTI-TERRORISM ACT OF 1987. (a) Finding.--Congress finds that according to the 2020 State Department Country Reports on Human Rights Practices, the Palestinian Authority continues to ``make payments to Palestinians connected to terrorism, including persons convicted of terrorism in Israeli courts serving prison sentences, former prisoners, and the families of those who died committing terrorist attacks''. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Palestinian Authority should reform its payments program in a manner that would allow the Secretary of State to issue the certification specified in section 1004(a) of the Taylor Force Act (22 U.S.C. 2378c-1); and (2) the United States should maintain diplomatic relations with the Palestinians, including by reopening a United States consulate in Jerusalem and allowing for the reopening of the Palestine Liberation Organization foreign mission in the District of Columbia. (c) Amendment to the Anti-Terrorism Act of 1987.--Section 1005 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. ``(2) Period of application.--Any waiver issued pursuant to this subsection shall be effective for not more than a period of 6 months at a time. ``(c) Termination.--The provisions of this title shall cease to have effect on the earlier of-- ``(1) the date on which-- ``(A) the President has certified in writing to the President pro tempore of the Senate and the Speaker of the House of Representatives that the Palestine Liberation Organization-- ``(i) is not objecting to any convening of the Trilateral Anti-Incitement Committee; and ``(ii) is not obstructing security coordination and cooperation between the Palestinian Authority and Israel; and ``(B) the Secretary of State has issued the certification specified in section 1004(a) of the Taylor Force Act (22 U.S.C. 2378c-1); or ``(2) the date on which the President has certified in writing to the President pro tempore of the Senate and the Speaker of the House of Representatives that the Palestine Liberation Organization, its agents, or constituent groups thereof no longer practice or support terrorist actions anywhere in the world.''. SEC. 9. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961. (a) Sense of Congress.--It is the sense of Congress that the administration should work urgently to implement the Nita M. Lowey Middle East Partnership for Peace Act (Public Law 116-260), which authorized $250,000,000 over 5 years to fund Palestinian economic development and people-to-people initiatives that connect Israelis and Palestinians. (b) In General.--The Foreign Assistance Act of 1961 is amended-- (1) in section 105(c)(2) (22 U.S.C. 2151c(c)(2))-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) in the case of programs and activities for Israelis and Palestinians, allow for shared educational opportunities between such Israelis and such Palestinians.''; and (2) in section 535 (22 U.S.C. 2346d)-- (A) in subsection (b), by adding at the end before the period the following: ``, including organizations that seek to foster connections between Israelis and Palestinians''; and (B) in subsection (c), by inserting after ``dialogue'' the following: ``, shared educational opportunities and youth activities''. (c) Effective Date.--The amendments made subsection (b)(2) take effect on the date of the enactment of this Act and apply with respect to funding for projects described in section 535 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346d), as amended by subsection (b), provided on or after such date of enactment. SEC. 10. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Occupied palestinian territories.--The term ``occupied Palestinian territories'' means the West Bank, including East Jerusalem, and Gaza. <all>

Two-State Solution Act

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends.

Two-State Solution Act

Rep. Levin, Andy

D

MI

This bill addresses U.S. policy and related activities to preserve conditions for a two-state solution to resolve territorial disputes between Israel and Palestine. The bill prohibits the United States from providing support for projects in geographic regions that came under Israeli control after June 5, 1967. It also prohibits the use of any U.S. security assistance, defense articles, or defense services provided to Israel for efforts to annex or exercise permanent control over any part of the West Bank or Gaza. Current law designates the Palestine Liberation Organization (PLO) as a terrorist organization and restricts its activities (e.g., prohibiting it from maintaining an office in the United States). The President may waive for up to six months some of these restrictions to serve U.S. national security or diplomatic interests. If the President certifies that the PLO has ceased supporting terrorist actions and met other conditions, the bill automatically terminates the terrorist organization designation. Goods produced in the West Bank or Gaza that are imported into the United States must indicate those areas as the country of origin on their labels. The bill expands the scope of certain foreign and development assistance to foster initiatives, including shared educational opportunities and youth activities, that connect Israelis and Palestinians. Additionally, the Department of State and the U.S. Agency for International Development may jointly award grants to private, nonprofit organizations to promote human rights and democracy, strengthen civil society, and otherwise address the needs of the Palestinian people.

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. SHORT TITLE. 2. FINDINGS. (4) Democratic and Republican presidents have identified Israeli settlements as an obstacle to peace. The Foreign Assistance Act of 1961 also places conditions and restrictions on the aid it authorizes and mandates that international security assistance programs ``promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States''. Public Law 108-11 stated, ``guarantees may be issued under this section only to support activities in the geographic areas which were subject to the administration of the Government of Israel before June 5, 1967''. 3. PURPOSE. 5. UNITED STATES POLICY RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. 6. (c) Restriction Under Arms Export Control Act.--Section 4 of the Arms Export Control Act (22 U.S.C. 7. 1189)); or (3) assistance for the Palestinian Authority or the Palestine Liberation Organization. (e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated not less than $20,000,000 for each of the fiscal years 2022 through 2027 to carry out this section. 8. AMENDMENT TO THE ANTI-TERRORISM ACT OF 1987. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Palestinian Authority should reform its payments program in a manner that would allow the Secretary of State to issue the certification specified in section 1004(a) of the Taylor Force Act (22 U.S.C. 9. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961. ''; and (2) in section 535 (22 U.S.C. 2346d)-- (A) in subsection (b), by adding at the end before the period the following: ``, including organizations that seek to foster connections between Israelis and Palestinians''; and (B) in subsection (c), by inserting after ``dialogue'' the following: ``, shared educational opportunities and youth activities''. 2346d), as amended by subsection (b), provided on or after such date of enactment. SEC. 10. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. 2. FINDINGS. (4) Democratic and Republican presidents have identified Israeli settlements as an obstacle to peace. Public Law 108-11 stated, ``guarantees may be issued under this section only to support activities in the geographic areas which were subject to the administration of the Government of Israel before June 5, 1967''. 3. PURPOSE. 5. UNITED STATES POLICY RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. 6. (c) Restriction Under Arms Export Control Act.--Section 4 of the Arms Export Control Act (22 U.S.C. 7. 1189)); or (3) assistance for the Palestinian Authority or the Palestine Liberation Organization. (e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated not less than $20,000,000 for each of the fiscal years 2022 through 2027 to carry out this section. 8. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Palestinian Authority should reform its payments program in a manner that would allow the Secretary of State to issue the certification specified in section 1004(a) of the Taylor Force Act (22 U.S.C. 9. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961. ''; and (2) in section 535 (22 U.S.C. 2346d), as amended by subsection (b), provided on or after such date of enactment. SEC. 10. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. SHORT TITLE. 2. FINDINGS. (4) Democratic and Republican presidents have identified Israeli settlements as an obstacle to peace. Secretary of State Mike Pompeo repudiated the 1978 legal opinion on November 18, 2019. The Foreign Assistance Act of 1961 also places conditions and restrictions on the aid it authorizes and mandates that international security assistance programs ``promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States''. Public Law 108-11 stated, ``guarantees may be issued under this section only to support activities in the geographic areas which were subject to the administration of the Government of Israel before June 5, 1967''. 3. PURPOSE. 5. UNITED STATES POLICY RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. (b) Marking of Imported Articles.-- (1) In general.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 6. (c) Restriction Under Arms Export Control Act.--Section 4 of the Arms Export Control Act (22 U.S.C. 7. (2) Since 2007, the militant organization Hamas, a United States-designated terrorist organization, has maintained control over Gaza, which faces a humanitarian crisis resulting from poor governance, recurrent conflict, and the Israeli and Egyptian blockade that restricts the movement of people and goods. (3) The Consolidated Appropriations Act, 2021, imposes on assistance to the Palestinians certain restrictions and conditions, with limited exemption authorities, regarding any future Palestinian state and its governing entity, certifications and vetting prior to the obligation of funds, audit requirements, a general prohibition on assistance for the Palestinian Authority, and a prohibition on assistance for the Palestine Liberation Organization, Hamas, or ``any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence''. 1189)); or (3) assistance for the Palestinian Authority or the Palestine Liberation Organization. (e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. (f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated not less than $20,000,000 for each of the fiscal years 2022 through 2027 to carry out this section. 8. AMENDMENT TO THE ANTI-TERRORISM ACT OF 1987. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Palestinian Authority should reform its payments program in a manner that would allow the Secretary of State to issue the certification specified in section 1004(a) of the Taylor Force Act (22 U.S.C. 9. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961. ''; and (2) in section 535 (22 U.S.C. 2346d)-- (A) in subsection (b), by adding at the end before the period the following: ``, including organizations that seek to foster connections between Israelis and Palestinians''; and (B) in subsection (c), by inserting after ``dialogue'' the following: ``, shared educational opportunities and youth activities''. 2346d), as amended by subsection (b), provided on or after such date of enactment. SEC. 10. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. SHORT TITLE. 2. FINDINGS. (4) Democratic and Republican presidents have identified Israeli settlements as an obstacle to peace. President Ronald Reagan said, ``further settlement activity is in no way necessary for the security of Israel and only diminishes the confidence of the Arabs that a final outcome can be freely and fairly negotiated''. Secretary of State Mike Pompeo repudiated the 1978 legal opinion on November 18, 2019. The Foreign Assistance Act of 1961 also places conditions and restrictions on the aid it authorizes and mandates that international security assistance programs ``promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States''. Public Law 108-11 stated, ``guarantees may be issued under this section only to support activities in the geographic areas which were subject to the administration of the Government of Israel before June 5, 1967''. 3. PURPOSE. STATEMENT OF POLICY. 5. UNITED STATES POLICY RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. (b) Marking of Imported Articles.-- (1) In general.--Section 304 of the Tariff Act of 1930 (19 U.S.C. (c) Geographic Restrictions Relating to U.S.-Israel Binational Foundations.--Notwithstanding any other provision of law, the United States may not provide support for projects conducted in geographic areas which came under the administration of the Government of Israel after June 5, 1967, and may not relate to subjects primarily pertinent to such areas, pursuant to agreements relating to the Binational Industrial Research and Development Foundation (BIRD), the Binational Science Foundation (BSF), and the Binational Agricultural Research and Development Foundation (BARD). 6. (c) Restriction Under Arms Export Control Act.--Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is amended by adding at the end before the period the following: ``: Provided further, That no defense articles or defense services may be sold or leased by the United States Government under this Act to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes''. 7. ASSISTANCE TO ADDRESS THE IMMEDIATE AND LONG-TERM NEEDS OF THE PALESTINIAN PEOPLE. (2) Since 2007, the militant organization Hamas, a United States-designated terrorist organization, has maintained control over Gaza, which faces a humanitarian crisis resulting from poor governance, recurrent conflict, and the Israeli and Egyptian blockade that restricts the movement of people and goods. Hamas has fired rockets at Israeli population centers, resulting in deaths of civilians in Israel, as well as Palestinian civilians in Gaza due to misfires. (3) The Consolidated Appropriations Act, 2021, imposes on assistance to the Palestinians certain restrictions and conditions, with limited exemption authorities, regarding any future Palestinian state and its governing entity, certifications and vetting prior to the obligation of funds, audit requirements, a general prohibition on assistance for the Palestinian Authority, and a prohibition on assistance for the Palestine Liberation Organization, Hamas, or ``any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence''. 1189)); or (3) assistance for the Palestinian Authority or the Palestine Liberation Organization. (e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. (f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated not less than $20,000,000 for each of the fiscal years 2022 through 2027 to carry out this section. 8. AMENDMENT TO THE ANTI-TERRORISM ACT OF 1987. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Palestinian Authority should reform its payments program in a manner that would allow the Secretary of State to issue the certification specified in section 1004(a) of the Taylor Force Act (22 U.S.C. 9. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961. ''; and (2) in section 535 (22 U.S.C. 2346d)-- (A) in subsection (b), by adding at the end before the period the following: ``, including organizations that seek to foster connections between Israelis and Palestinians''; and (B) in subsection (c), by inserting after ``dialogue'' the following: ``, shared educational opportunities and youth activities''. 2346d), as amended by subsection (b), provided on or after such date of enactment. SEC. 10. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. 2) The United States has, under Democratic and Republican administrations since 2002, supported a two-state solution. 4) Democratic and Republican presidents have identified Israeli settlements as an obstacle to peace. 5) On April 21, 1978, State Department Legal Adviser Herbert J. Hansell issued a legal opinion concluding that ``the establishment of the Israeli civilian settlements in the territories occupied by Israel is inconsistent with international law''. (6) During the Trump Administration, Israel accelerated its advancement of settlement plans by more than 154 percent, as compared to the prior administration. ( 9) Dating back to the administration of President Dwight D. Eisenhower, the United States has delineated explicitly authorized uses of the aid it provides to Israel. (10) Congress passed and President George W. Bush signed into law the Fiscal Year 2003 Emergency Wartime Supplemental Appropriations Act (Public Law 108-11), which authorized $9,000,000,000 in loan guarantees for Israel over 3 years and $1,000,000,000 in military grants. 11) House Report 117-84, in explanation of the accompanying bill making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2022, which passed in the House of Representatives on July 28, 2021, states, ``the Committee urges the Secretary of State to address in bilateral consultations with Israel the importance of ensuring that MOU-supported equipment is not used in any way that undermines the prospects of a negotiated two-state solution''. UNITED STATES POLICY RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. ( a) Statement of Policy.--It is the policy of the United States that the West Bank, including East Jerusalem, and Gaza are occupied territories and should be referred to as such consistently in official United States policies, communications, and documents. ( (c) Geographic Restrictions Relating to U.S.-Israel Binational Foundations.--Notwithstanding any other provision of law, the United States may not provide support for projects conducted in geographic areas which came under the administration of the Government of Israel after June 5, 1967, and may not relate to subjects primarily pertinent to such areas, pursuant to agreements relating to the Binational Industrial Research and Development Foundation (BIRD), the Binational Science Foundation (BSF), and the Binational Agricultural Research and Development Foundation (BARD). SECURITY ASSISTANCE RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. ( c) Restriction Under Arms Export Control Act.--Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is amended by adding at the end before the period the following: ``: Provided further, That no defense articles or defense services may be sold or leased by the United States Government under this Act to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes''. a) Findings.--Congress finds the following: (1) Palestinian Authority President Mahmoud Abbas postponed elections planned for 2021, prompting significant criticism and exacerbating popular Palestinian opposition stemming from the absence of a Palestinian state, violations of human rights and civil liberties, official corruption, and poor governance. ( b) Sense of Congress.--It is the sense of Congress that investments in Palestinian democracy, civil society organizations, and economic development will promote better governance and community engagement and improve the likelihood of free and fair elections, in turn setting the stage for negotiations in which a Palestinian government genuinely speaks for the Palestinian people. ( e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. ( f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the impact of past democracy and governance programming in the occupied Palestinian territories. ( b) Sense of Congress.--It is the sense of Congress that-- (1) the Palestinian Authority should reform its payments program in a manner that would allow the Secretary of State to issue the certification specified in section 1004(a) of the Taylor Force Act (22 U.S.C. 2378c-1); and (2) the United States should maintain diplomatic relations with the Palestinians, including by reopening a United States consulate in Jerusalem and allowing for the reopening of the Palestine Liberation Organization foreign mission in the District of Columbia. ( c) Amendment to the Anti-Terrorism Act of 1987.--Section 1005 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961. ( a) Sense of Congress.--It is the sense of Congress that the administration should work urgently to implement the Nita M. Lowey Middle East Partnership for Peace Act (Public Law 116-260), which authorized $250,000,000 over 5 years to fund Palestinian economic development and people-to-people initiatives that connect Israelis and Palestinians. ( 2151c(c)(2))-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) in the case of programs and activities for Israelis and Palestinians, allow for shared educational opportunities between such Israelis and such Palestinians. ''; and (2) in section 535 (22 U.S.C. 2346d)-- (A) in subsection (b), by adding at the end before the period the following: ``, including organizations that seek to foster connections between Israelis and Palestinians''; and (B) in subsection (c), by inserting after ``dialogue'' the following: ``, shared educational opportunities and youth activities''. (

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. President Ronald Reagan said, ``further settlement activity is in no way necessary for the security of Israel and only diminishes the confidence of the Arabs that a final outcome can be freely and fairly negotiated''. (5) On April 21, 1978, State Department Legal Adviser Herbert J. Hansell issued a legal opinion concluding that ``the establishment of the Israeli civilian settlements in the territories occupied by Israel is inconsistent with international law''. 9) Dating back to the administration of President Dwight D. Eisenhower, the United States has delineated explicitly authorized uses of the aid it provides to Israel. ( (11) House Report 117-84, in explanation of the accompanying bill making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2022, which passed in the House of Representatives on July 28, 2021, states, ``the Committee urges the Secretary of State to address in bilateral consultations with Israel the importance of ensuring that MOU-supported equipment is not used in any way that undermines the prospects of a negotiated two-state solution''. The purpose of this Act is to preserve conditions for, and improve the likelihood of a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. UNITED STATES POLICY RELATING TO THE OCCUPIED PALESTINIAN TERRITORIES. ( c) Geographic Restrictions Relating to U.S.-Israel Binational Foundations.--Notwithstanding any other provision of law, the United States may not provide support for projects conducted in geographic areas which came under the administration of the Government of Israel after June 5, 1967, and may not relate to subjects primarily pertinent to such areas, pursuant to agreements relating to the Binational Industrial Research and Development Foundation (BIRD), the Binational Science Foundation (BSF), and the Binational Agricultural Research and Development Foundation (BARD). b) Restriction Under Security Assistance Act of 2000.--Section 513(c) of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. c) Restriction Under Arms Export Control Act.--Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is amended by adding at the end before the period the following: ``: Provided further, That no defense articles or defense services may be sold or leased by the United States Government under this Act to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes''. a) Findings.--Congress finds the following: (1) Palestinian Authority President Mahmoud Abbas postponed elections planned for 2021, prompting significant criticism and exacerbating popular Palestinian opposition stemming from the absence of a Palestinian state, violations of human rights and civil liberties, official corruption, and poor governance. ( e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. ( f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the impact of past democracy and governance programming in the occupied Palestinian territories. ( c) Amendment to the Anti-Terrorism Act of 1987.--Section 1005 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. ``(2) Period of application.--Any waiver issued pursuant to this subsection shall be effective for not more than a period of 6 months at a time. b) In General.--The Foreign Assistance Act of 1961 is amended-- (1) in section 105(c)(2) (22 U.S.C. 2151c(c)(2))-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) in the case of programs and activities for Israelis and Palestinians, allow for shared educational opportunities between such Israelis and such Palestinians. ''; (c) Effective Date.--The amendments made subsection (b)(2) take effect on the date of the enactment of this Act and apply with respect to funding for projects described in section 535 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346d), as amended by subsection (b), provided on or after such date of enactment. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. 11) House Report 117-84, in explanation of the accompanying bill making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2022, which passed in the House of Representatives on July 28, 2021, states, ``the Committee urges the Secretary of State to address in bilateral consultations with Israel the importance of ensuring that MOU-supported equipment is not used in any way that undermines the prospects of a negotiated two-state solution''. ( c) Geographic Restrictions Relating to U.S.-Israel Binational Foundations.--Notwithstanding any other provision of law, the United States may not provide support for projects conducted in geographic areas which came under the administration of the Government of Israel after June 5, 1967, and may not relate to subjects primarily pertinent to such areas, pursuant to agreements relating to the Binational Industrial Research and Development Foundation (BIRD), the Binational Science Foundation (BSF), and the Binational Agricultural Research and Development Foundation (BARD). e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. ( f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. c) Amendment to the Anti-Terrorism Act of 1987.--Section 1005 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. ''; (c) Effective Date.--The amendments made subsection (b)(2) take effect on the date of the enactment of this Act and apply with respect to funding for projects described in section 535 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346d), as amended by subsection (b), provided on or after such date of enactment. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. 9) Dating back to the administration of President Dwight D. Eisenhower, the United States has delineated explicitly authorized uses of the aid it provides to Israel. ( 11) House Report 117-84, in explanation of the accompanying bill making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2022, which passed in the House of Representatives on July 28, 2021, states, ``the Committee urges the Secretary of State to address in bilateral consultations with Israel the importance of ensuring that MOU-supported equipment is not used in any way that undermines the prospects of a negotiated two-state solution''. a) Statement of Policy.--It is the policy of the United States that the West Bank, including East Jerusalem, and Gaza are occupied territories and should be referred to as such consistently in official United States policies, communications, and documents. ( ( 2754) is amended by adding at the end before the period the following: ``: Provided further, That no defense articles or defense services may be sold or leased by the United States Government under this Act to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes''. b) Sense of Congress.--It is the sense of Congress that investments in Palestinian democracy, civil society organizations, and economic development will promote better governance and community engagement and improve the likelihood of free and fair elections, in turn setting the stage for negotiations in which a Palestinian government genuinely speaks for the Palestinian people. ( ( f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the impact of past democracy and governance programming in the occupied Palestinian territories. ( 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. 2151c(c)(2))-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) in the case of programs and activities for Israelis and Palestinians, allow for shared educational opportunities between such Israelis and such Palestinians. ''; 2346d)-- (A) in subsection (b), by adding at the end before the period the following: ``, including organizations that seek to foster connections between Israelis and Palestinians''; and (B) in subsection (c), by inserting after ``dialogue'' the following: ``, shared educational opportunities and youth activities''. (

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. 11) House Report 117-84, in explanation of the accompanying bill making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2022, which passed in the House of Representatives on July 28, 2021, states, ``the Committee urges the Secretary of State to address in bilateral consultations with Israel the importance of ensuring that MOU-supported equipment is not used in any way that undermines the prospects of a negotiated two-state solution''. ( c) Geographic Restrictions Relating to U.S.-Israel Binational Foundations.--Notwithstanding any other provision of law, the United States may not provide support for projects conducted in geographic areas which came under the administration of the Government of Israel after June 5, 1967, and may not relate to subjects primarily pertinent to such areas, pursuant to agreements relating to the Binational Industrial Research and Development Foundation (BIRD), the Binational Science Foundation (BSF), and the Binational Agricultural Research and Development Foundation (BARD). e) Applicable Regulations.--Assistance made available under this Act, and any amendment made by this Act, shall adhere to the mission directives and vetting practices for assistance for the West Bank and Gaza, as set forth by the United States Agency for International Development. ( f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. c) Amendment to the Anti-Terrorism Act of 1987.--Section 1005 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. ''; (c) Effective Date.--The amendments made subsection (b)(2) take effect on the date of the enactment of this Act and apply with respect to funding for projects described in section 535 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346d), as amended by subsection (b), provided on or after such date of enactment. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. 9) Dating back to the administration of President Dwight D. Eisenhower, the United States has delineated explicitly authorized uses of the aid it provides to Israel. ( 11) House Report 117-84, in explanation of the accompanying bill making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2022, which passed in the House of Representatives on July 28, 2021, states, ``the Committee urges the Secretary of State to address in bilateral consultations with Israel the importance of ensuring that MOU-supported equipment is not used in any way that undermines the prospects of a negotiated two-state solution''. a) Statement of Policy.--It is the policy of the United States that the West Bank, including East Jerusalem, and Gaza are occupied territories and should be referred to as such consistently in official United States policies, communications, and documents. ( ( 2754) is amended by adding at the end before the period the following: ``: Provided further, That no defense articles or defense services may be sold or leased by the United States Government under this Act to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes''. b) Sense of Congress.--It is the sense of Congress that investments in Palestinian democracy, civil society organizations, and economic development will promote better governance and community engagement and improve the likelihood of free and fair elections, in turn setting the stage for negotiations in which a Palestinian government genuinely speaks for the Palestinian people. ( ( f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the impact of past democracy and governance programming in the occupied Palestinian territories. ( 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. 2151c(c)(2))-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) in the case of programs and activities for Israelis and Palestinians, allow for shared educational opportunities between such Israelis and such Palestinians. ''; 2346d)-- (A) in subsection (b), by adding at the end before the period the following: ``, including organizations that seek to foster connections between Israelis and Palestinians''; and (B) in subsection (c), by inserting after ``dialogue'' the following: ``, shared educational opportunities and youth activities''. (

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. c) Amendment to the Anti-Terrorism Act of 1987.--Section 1005 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. ''; ( c) Effective Date.--The amendments made subsection (b)(2) take effect on the date of the enactment of this Act and apply with respect to funding for projects described in section 535 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346d), as amended by subsection (b), provided on or after such date of enactment.

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. 9) Dating back to the administration of President Dwight D. Eisenhower, the United States has delineated explicitly authorized uses of the aid it provides to Israel. ( ( ( 2754) is amended by adding at the end before the period the following: ``: Provided further, That no defense articles or defense services may be sold or leased by the United States Government under this Act to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes''. b) Sense of Congress.--It is the sense of Congress that investments in Palestinian democracy, civil society organizations, and economic development will promote better governance and community engagement and improve the likelihood of free and fair elections, in turn setting the stage for negotiations in which a Palestinian government genuinely speaks for the Palestinian people. ( ( Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the impact of past democracy and governance programming in the occupied Palestinian territories. ( 2151c(c)(2))-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) in the case of programs and activities for Israelis and Palestinians, allow for shared educational opportunities between such Israelis and such Palestinians. '';

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. f) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the implementation of grants authorized under this section and the progress and impact of such grants on the Palestinian people, including effects related to civic engagement, trust in civic institutions, and the long-term viability of Palestinian civil society organizations. c) Amendment to the Anti-Terrorism Act of 1987.--Section 1005 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 note) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.-- ``(1) In general.--The President may waive the provisions of paragraphs (1), (2), and (3) of section 1003 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. ''; ( c) Effective Date.--The amendments made subsection (b)(2) take effect on the date of the enactment of this Act and apply with respect to funding for projects described in section 535 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346d), as amended by subsection (b), provided on or after such date of enactment.

To preserve conditions for, and improve the likelihood of, a two-state solution that secures Israel's future as a democratic state and a national home for the Jewish people, a viable, democratic Palestinian state, an end to Israel's occupation of the Palestinian territories, and peaceful relations between the two states, and to direct the Department of State and other relevant agencies to take steps to accomplish these ends. 9) Dating back to the administration of President Dwight D. Eisenhower, the United States has delineated explicitly authorized uses of the aid it provides to Israel. ( ( ( 2754) is amended by adding at the end before the period the following: ``: Provided further, That no defense articles or defense services may be sold or leased by the United States Government under this Act to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (as such term is defined in section 10(2) of the Two-State Solution Act), including by expansion of Israeli settlements, demolitions in Palestinian communities or evictions of Palestinian residents from their homes''. b) Sense of Congress.--It is the sense of Congress that investments in Palestinian democracy, civil society organizations, and economic development will promote better governance and community engagement and improve the likelihood of free and fair elections, in turn setting the stage for negotiations in which a Palestinian government genuinely speaks for the Palestinian people. ( ( Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a report on the impact of past democracy and governance programming in the occupied Palestinian territories. ( 2151c(c)(2))-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) in the case of programs and activities for Israelis and Palestinians, allow for shared educational opportunities between such Israelis and such Palestinians. '';

Two-State Solution Act This bill expresses the sense of the House of Representatives that only the outcome of a two-state solution that enhances stability and security for Israel, Palestinians, and their neighbors can both ensure Israel's survival as a Jewish and democratic state and fulfill the legitimate aspirations of the Palestinian people for a state of their own. To preserve conditions for, and improve the likelihood of, This bill amends the Tariff Act of 1930 to require articles imported into the United States that are produced in the occupied Palestinian territories to have their place of production marked as "West Bank/Gaza," "West Palestinian/Gaza Strip," or "West Palestine and Gaza" and to not contain the words "Israel," "Made in Israel", "Occupied Territories-Israel," or words Amends the Arms Export Control Act to prohibit the sale or lease of defense articles or defense services to further, aid, or support unilateral efforts to annex or exercise permanent control by Israel over any part of the occupied Palestinian territories (including by expansion of Israeli settlements, demolitions in Palestinian communities, or evictions of Palestinian residents from their homes). (Sec. 7) Authorizes the Secretary Amends the Foreign Assistance Act of 1961 to authorize the President to waive the provisions of such Act if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the United States or the conduct of diplomacy. (Sec. 9)

S.1519

Commerce

Save Hotel Jobs Act This bill requires the Department of the Treasury to award grants to hotel owners and operators to assist with payroll costs. Applicants for a grant must provide Treasury with certain assurances, including that (1) the hotel, if in operation, experienced at least a 40% decline in revenue during a three-month period in calendar year 2020 as compared to the corresponding period in 2019; and (2) the hotel owner or operator has a policy to offer employees who have been laid off during the COVID-19 public health emergency any same or similar positions that become available as a result of receiving a grant. All grant funds must be expended during the 270-day period beginning on the date the funds are disbursed. If the hotel owner or operator receives loans through the Paycheck Protection Program, the grant must be reduced by the amount of such loans that are forgiven under the program, including loans received on or before enactment of this bill. For federal tax purposes, the grants are not included as part of the gross income of the hotel owner or operator. The bill also establishes a tax credit equal to 50% of the expenses a hotel owner or operator incurs for qualified personal protective equipment (up to a maximum of $25,000).

To provide assistance to the hotel industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Hotel Jobs Act''. SEC. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19. (3) Hotel owner or operator.--The term ``hotel owner or operator'' means a group which is primarily engaged in owning or operating an establishment known to the public as a hotel that provides lodging for the general public. (4) Laid-off employee.--The term ``laid-off employee'' means an individual whose employment with a hotel owner or operator has been terminated during the COVID-19 public health emergency. (5) Payroll costs.--The term ``payroll costs'', with respect to a hotel owner or operator-- (A) means, except as provided in subparagraph (B)-- (i) the sum of payments of any compensation with respect to employees of the owner or operator that is-- (I) a salary, wage, commission, or similar compensation; (II) a payment of cash tip or equivalent; (III) a payment for vacation, parental, family, medical, or sick leave; (IV) an allowance for dismissal or separation; (V) a payment required for the provisions of group health care or group life, disability, vision, or dental insurance benefits, including insurance premiums; (VI) a payment of any retirement benefit; or (VII) a payment of State or local tax assessed on the compensation of employees; and (ii) the sum of payments of any compensation with respect to employees paid by a hotel owner or operator to a third-party hotel management company operating the hotel that is compensation for any of the items described in subclauses (I) through (VII) of clause (i); and (iii) the sum of payments of any compensation provided by the hotel owner or operator to or as income of a sole proprietor or independent contractor that is a wage, commission, income, net earnings from self- employment, or similar compensation; and (B) shall not include-- (i) with respect to an individual employee, any total payments described in subclauses (I) or (II) of subparagraph (A)(i) that are in excess of $100,000 on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments are incurred; (ii) with respect to a sole proprietor or independent contractor, any total payments described in subparagraph (A)(iii) that are in excess of $100,000 on an annualized basis, as prorated as described in clause (i); (iii) taxes imposed or withheld under chapters 21, 22, or 24 of the Internal Revenue Code of 1986; (iv) any compensation of an employee whose principal place of residence is outside of the United States; (v) qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act (Public Law 116-127); or (vi) qualified family leave wages for which a credit is allowed under section 7003 of the Families First Coronavirus Response Act (Public Law 116-127). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (b) Grants.-- (1) In general.--The Secretary shall award grants under this section to hotel owners or operators for the purpose of assisting with payroll costs during the covered period in accordance with subsection (d). (2) Initial awards.-- (A) In general.--Each hotel owner or operator that applies for an initial grant under this section and meets the requirements under subsection (c) shall, subject to funding available under subsection (h), receive such grant. (B) Amounts.-- (i) In general.--The Secretary shall determine the amount of an initial grant awarded under this section on an individualized basis with respect to each hotel owner or operator and in accordance with this subparagraph. (ii) Standard maximum amount.--The maximum amount of an initial grant awarded under this section to a hotel owner or operator shall, except as provided in clause (iii), be the lesser of-- (I) subject to clause (iv), $20,000,000; or (II)(aa) in the case of a grant with respect to a hotel that was operating for a 3-month period during calendar year 2019, the product obtained by multiplying by 3 the average total monthly payments for payroll costs of the hotel incurred in a 3-month period, selected by the owner or operator, during calendar year 2019; or (bb) in the case of a grant with respect to a hotel that was not operating for a 3-month period during calendar year 2019 and was operating for a 3-month period during calendar year 2020, the product obtained by multiplying by 3 the average total monthly payments for payroll costs of the hotel, incurred in a 3-month period, selected by the owner or operator, during calendar year 2020. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (II) Operating in 2019 and 2020.-- In the case of a grant with respect to a hotel that was in operation in calendar years 2019 and 2020, but not in operation for a 3-month period in either of those calendar years, the applicable amount for purposes of subclause (I)(bb) is-- (aa) the difference between-- (AA) the product obtained by multiplying the average monthly gross receipts of the hotel in calendar year 2019 by 12; and (BB) the product obtained by multiplying the average monthly gross receipts of the hotel in 2020 by 12; or (bb) an amount based on a formula determined by the Secretary. (III) Operations beginning in 2020 and prior to submission of the application.--In the case of a grant with respect to a hotel that began operating during the period beginning on January 1, 2020, and ending on the day before the date on which the application for the grant was submitted under subsection (c) and that was not in operation for a 3-month period in calendar year 2020, the applicable amount for purposes of subclause (I)(bb) is-- (aa) the total amount of fixed and operating expenses that were incurred for the hotel prior to the submission of the application minus any gross receipts received; or (bb) an amount based on a formula determined by the Secretary. (IV) Hotels not in operation as of submission of the application.--In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is-- (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. (iv) Reduction in award for ppp loans.--In the case that a hotel owner or operator receives a loan guaranteed under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) before, on, or after the date of enactment of this Act and is approved for a grant under this section, the amount of $20,000,000 applicable under clauses (ii)(I) and (iii)(I)(aa) shall be reduced by the total amount of loans to such owner or operator guaranteed under such paragraph (36) or (37) that is forgiven under-- (I) section 1106 of the CARES Act (as in effect on the day before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116-260)); (II) section 7A of the Small Business Act (15 U.S.C. 636m); or (III) paragraph (37)(J) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)). (3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. (B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). (C) Qualified owners or operators.--An owner or operator may not receive a supplemental grant under this paragraph if the owner or operator was not in operation for the 3-month period in 2019 corresponding to the 3-month period following the disbursement of amounts from the initial grant under paragraph (2). (c) Eligibility.--To be eligible to receive a grant under this section, a hotel owner or operator shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall specify, including-- (1) in the case of an application for an initial grant, an assurance that, if applicable, the hotel owner or operator had a decline of not less than 40 percent in gross receipts during any 3-month period in calendar year 2020, as compared to the same 3-month period in calendar year 2019; (2) an assurance the hotel owner or operator has a policy for providing recall rights as described in subsection (e); (3) an assurance that the hotel owner or operator will use the funds of the grant during the covered period in accordance with the requirement under subsection (d); and (4) an assurance that-- (A) the hotel of the owner or operator was in operation on the date of enactment of this Act; or (B) if not in operation on such date, had incurred payroll costs as of such date. (d) Use of Funds.--A hotel owner or operator receiving a grant under this section shall use the full amount of such grant during the covered period for payroll costs. (e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). (B) Form.--The policy described in this subsection shall be provided to laid-off employees in writing-- (i) by registered mail to the last known physical addresses of such employees; and (ii) by email and text message to the extent the owner or operator possesses such information. (C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. In the case that more than 1 laid- off employee described in such clause (i), or more than 1 laid-off employee described in such clause (ii), is eligible for the same available position, the hotel owner or operator shall offer the position to the laid- off employee with the greatest continued length of service at the hotel at which the laid-off employee was previously employed. (E) Acceptance.--The hotel owner or operator shall allow a laid-off employee who is offered a position pursuant to the policy described in this subsection not less than 7 days from the date the offer is sent to the laid-off employee to accept or decline the offer. (F) Multiple conditional offers.--Under the policy described in this subsection, a hotel owner or operator may make simultaneous, conditional offers of employment to laid-off employees, with a final offer of employment conditioned on application of the priority system under subparagraph (D). (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (iii) Substantially all of the assets of the hotel owner or operator were acquired by another entity which conducts the same or similar operations using substantially the same assets as the hotel owner or operator prior to the acquisition. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. (3) Duration of rights.--The rights described in paragraphs (1) and (2) shall apply for a period that does not end prior to the date that is 2 years after the date of enactment of this Act. (4) Exceptions.--The rights under this subsection shall not apply-- (A) in the case of a laid-off employee whose employment was terminated for cause; (B) in the case of a laid-off employee who has accepted another offer of employment after being recalled pursuant to a policy under this subsection; (C) in the case the position no longer exists due to a change in circumstances of the hotel; (D) in the case the hotel owner or operator has made an offer of recall in accordance with the requirements under this subsection and the laid-off employee refuses or does not accept the position within 5 days of when the offer is sent; or (E) in the case an applicable collective bargaining agreement waives the rights to recall under this subsection. (f) Tax Treatment.--For purposes of the Internal Revenue Code of 1986-- (1) amounts awarded through a grant under this section shall not be included in the gross income of the hotel owner or operator that receives such amounts; and (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1). (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. (2) Consultation with department of labor.--With respect to the recall rights under subsection (e), the Secretary shall, in prescribing regulations and enforcing the requirements under this section, consult with the Secretary of Labor. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $20,000,000,000, for fiscal year 2021, to remain available until expended, to make grants under this section. SEC. 3. PERSONAL PROTECTIVE EQUIPMENT 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 adding at the end the following new section: ``SEC. 45U. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(b) Maximum Credit.--The credit determined under this section with respect to any eligible taxpayer for any taxable year shall not exceed $25,000. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. ``(B) Qualified hotel.-- ``(i) In general.--The term `qualified hotel' means a lodging facility (as defined in section 856(d)(9)(D)(ii)) for which, with respect to each applicable month during the taxable year, the average number of hours worked by housekeeping staff at such facility during such month is greater than or equal to the average number of hours worked by the housekeeping staff at such facility during calendar year 2019 (as determined on an average monthly basis). ``(ii) Applicable month.--The term `applicable month' means any month beginning after the date of enactment of the Save Hotel Jobs Act. ``(C) Documentation requirements.--The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. ``(2) Qualified personal protective equipment expenses.-- The term `qualified personal protective equipment expenses' includes amounts paid or incurred-- ``(A) for the purpose of reducing the risk of Coronavirus Disease 2019 (COVID-19) transmission between people on the premises of an eligible hotel, including-- ``(i) gloves, medical masks, N-95 respirators, eye protection, gowns and aprons, boots or closed-toe work shoes, cleaning detergents, hand sanitizers, cleaning products and tools, ``(ii) retrofitting or installation of equipment, and ``(iii) any other relevant expense the Secretary, in consultation with the Secretary of Health and Human Services, determines necessary, and ``(B) at any time during a year in which, with respect to COVID-19-- ``(i) the President declares a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.), or ``(ii) an emergency involving Federal primary responsibility is determined to exist by the President under the section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)). ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(e) Denial of Credit for Counterfeit Items.--No credit shall be allowed under this section with respect to any item if the Secretary determines such item to be counterfeit or sold or distributed in bad faith.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45U. Personal Protective Equipment Credit.''. (d) Effective Date.--The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date. <all>

Save Hotel Jobs Act

A bill to provide assistance to the hotel industry, and for other purposes.

Save Hotel Jobs Act

Sen. Schatz, Brian

D

HI

This bill requires the Department of the Treasury to award grants to hotel owners and operators to assist with payroll costs. Applicants for a grant must provide Treasury with certain assurances, including that (1) the hotel, if in operation, experienced at least a 40% decline in revenue during a three-month period in calendar year 2020 as compared to the corresponding period in 2019; and (2) the hotel owner or operator has a policy to offer employees who have been laid off during the COVID-19 public health emergency any same or similar positions that become available as a result of receiving a grant. All grant funds must be expended during the 270-day period beginning on the date the funds are disbursed. If the hotel owner or operator receives loans through the Paycheck Protection Program, the grant must be reduced by the amount of such loans that are forgiven under the program, including loans received on or before enactment of this bill. For federal tax purposes, the grants are not included as part of the gross income of the hotel owner or operator. The bill also establishes a tax credit equal to 50% of the expenses a hotel owner or operator incurs for qualified personal protective equipment (up to a maximum of $25,000).

This Act may be cited as the ``Save Hotel Jobs Act''. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means 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. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. SEC. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. ``(C) Documentation requirements.--The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. 5191(b)). 45U. (d) Effective Date.--The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date.

This Act may be cited as the ``Save Hotel Jobs Act''. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means 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. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. SEC. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. 5191(b)). 45U.

This Act may be cited as the ``Save Hotel Jobs Act''. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means 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. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. SEC. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. ``(C) Documentation requirements.--The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. 5191(b)). 45U. (d) Effective Date.--The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date.

This Act may be cited as the ``Save Hotel Jobs Act''. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means 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. (5) Payroll costs.--The term ``payroll costs'', with respect to a hotel owner or operator-- (A) means, except as provided in subparagraph (B)-- (i) the sum of payments of any compensation with respect to employees of the owner or operator that is-- (I) a salary, wage, commission, or similar compensation; (II) a payment of cash tip or equivalent; (III) a payment for vacation, parental, family, medical, or sick leave; (IV) an allowance for dismissal or separation; (V) a payment required for the provisions of group health care or group life, disability, vision, or dental insurance benefits, including insurance premiums; (VI) a payment of any retirement benefit; or (VII) a payment of State or local tax assessed on the compensation of employees; and (ii) the sum of payments of any compensation with respect to employees paid by a hotel owner or operator to a third-party hotel management company operating the hotel that is compensation for any of the items described in subclauses (I) through (VII) of clause (i); and (iii) the sum of payments of any compensation provided by the hotel owner or operator to or as income of a sole proprietor or independent contractor that is a wage, commission, income, net earnings from self- employment, or similar compensation; and (B) shall not include-- (i) with respect to an individual employee, any total payments described in subclauses (I) or (II) of subparagraph (A)(i) that are in excess of $100,000 on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments are incurred; (ii) with respect to a sole proprietor or independent contractor, any total payments described in subparagraph (A)(iii) that are in excess of $100,000 on an annualized basis, as prorated as described in clause (i); (iii) taxes imposed or withheld under chapters 21, 22, or 24 of the Internal Revenue Code of 1986; (iv) any compensation of an employee whose principal place of residence is outside of the United States; (v) qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act (Public Law 116-127); or (vi) qualified family leave wages for which a credit is allowed under section 7003 of the Families First Coronavirus Response Act (Public Law 116-127). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). 636(a)). (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (F) Multiple conditional offers.--Under the policy described in this subsection, a hotel owner or operator may make simultaneous, conditional offers of employment to laid-off employees, with a final offer of employment conditioned on application of the priority system under subparagraph (D). (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. (2) Consultation with department of labor.--With respect to the recall rights under subsection (e), the Secretary shall, in prescribing regulations and enforcing the requirements under this section, consult with the Secretary of Labor. SEC. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. ``(B) Qualified hotel.-- ``(i) In general.--The term `qualified hotel' means a lodging facility (as defined in section 856(d)(9)(D)(ii)) for which, with respect to each applicable month during the taxable year, the average number of hours worked by housekeeping staff at such facility during such month is greater than or equal to the average number of hours worked by the housekeeping staff at such facility during calendar year 2019 (as determined on an average monthly basis). ``(C) Documentation requirements.--The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. 5191(b)). 45U. (d) Effective Date.--The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date.

To provide assistance to the hotel industry, and for other purposes. a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. ( (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. ( b) Grants.-- (1) In general.--The Secretary shall award grants under this section to hotel owners or operators for the purpose of assisting with payroll costs during the covered period in accordance with subsection (d). ( iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (II) Operating in 2019 and 2020.-- In the case of a grant with respect to a hotel that was in operation in calendar years 2019 and 2020, but not in operation for a 3-month period in either of those calendar years, the applicable amount for purposes of subclause (I)(bb) is-- (aa) the difference between-- (AA) the product obtained by multiplying the average monthly gross receipts of the hotel in calendar year 2019 by 12; and (BB) the product obtained by multiplying the average monthly gross receipts of the hotel in 2020 by 12; or (bb) an amount based on a formula determined by the Secretary. ( (IV) Hotels not in operation as of submission of the application.--In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is-- (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. ( (3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( d) Use of Funds.--A hotel owner or operator receiving a grant under this section shall use the full amount of such grant during the covered period for payroll costs. (e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). ( C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( In the case that more than 1 laid- off employee described in such clause (i), or more than 1 laid-off employee described in such clause (ii), is eligible for the same available position, the hotel owner or operator shall offer the position to the laid- off employee with the greatest continued length of service at the hotel at which the laid-off employee was previously employed. ( E) Acceptance.--The hotel owner or operator shall allow a laid-off employee who is offered a position pursuant to the policy described in this subsection not less than 7 days from the date the offer is sent to the laid-off employee to accept or decline the offer. ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( f) Tax Treatment.--For purposes of the Internal Revenue Code of 1986-- (1) amounts awarded through a grant under this section shall not be included in the gross income of the hotel owner or operator that receives such amounts; and (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1). (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( 2) Consultation with department of labor.--With respect to the recall rights under subsection (e), the Secretary shall, in prescribing regulations and enforcing the requirements under this section, consult with the Secretary of Labor. ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. or ``(ii) an emergency involving Federal primary responsibility is determined to exist by the President under the section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)). ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. ( c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec.

To provide assistance to the hotel industry, and for other purposes. a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. ( (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. ( B) Amounts.-- (i) In general.--The Secretary shall determine the amount of an initial grant awarded under this section on an individualized basis with respect to each hotel owner or operator and in accordance with this subparagraph. ( (II) Operating in 2019 and 2020.-- In the case of a grant with respect to a hotel that was in operation in calendar years 2019 and 2020, but not in operation for a 3-month period in either of those calendar years, the applicable amount for purposes of subclause (I)(bb) is-- (aa) the difference between-- (AA) the product obtained by multiplying the average monthly gross receipts of the hotel in calendar year 2019 by 12; and (BB) the product obtained by multiplying the average monthly gross receipts of the hotel in 2020 by 12; or (bb) an amount based on a formula determined by the Secretary. ( IV) Hotels not in operation as of submission of the application.--In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is-- (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. ( 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( d) Use of Funds.--A hotel owner or operator receiving a grant under this section shall use the full amount of such grant during the covered period for payroll costs. ( B) Form.--The policy described in this subsection shall be provided to laid-off employees in writing-- (i) by registered mail to the last known physical addresses of such employees; and (ii) by email and text message to the extent the owner or operator possesses such information. (C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(B) Qualified hotel.-- ``(i) In general.--The term `qualified hotel' means a lodging facility (as defined in section 856(d)(9)(D)(ii)) for which, with respect to each applicable month during the taxable year, the average number of hours worked by housekeeping staff at such facility during such month is greater than or equal to the average number of hours worked by the housekeeping staff at such facility during calendar year 2019 (as determined on an average monthly basis). ``(e) Denial of Credit for Counterfeit Items.--No credit shall be allowed under this section with respect to any item if the Secretary determines such item to be counterfeit or sold or distributed in bad faith.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. ( c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec.

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. ( ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). IV) Hotels not in operation as of submission of the application.--In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is-- (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. ( (3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). ( C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( In the case that more than 1 laid- off employee described in such clause (i), or more than 1 laid-off employee described in such clause (ii), is eligible for the same available position, the hotel owner or operator shall offer the position to the laid- off employee with the greatest continued length of service at the hotel at which the laid-off employee was previously employed. ( ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. ( ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). ( C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( ( ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( ( ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. ( ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). ( C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( ( ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( ( ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. ( ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( ( ( ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year.

Save Hotel Jobs Act This bill directs the Department of Health and Human Services (HHS) to award grants to a group of hotel owners or operators to assist with payroll costs during the COVID-19 public health emergency. The funds shall be used to: (1) provide training and technical assistance to the owners and operators; (2) provide technical assistance and training to employees; and This bill authorizes the Small Business Administration (SBA) to make supplemental grants to eligible owners or operators of hotels that are not in operation for a three-month period in calendar years 2019 and 2020 due to the COVID-19 pandemic. The amount of such grants shall be based on the difference between the average monthly gross receipts of the hotel in calendar year 2019 and the average Directs the Secretary of Labor to prescribe regulations for remedial measures with respect to such funds, including: (1) requiring recipients of such funds to publicly disclose the amount of funds under this Act; and (2) imposing fines for violations of such regulations. (Sec. 3) Qualifications for a position; (4) rate of compensation; (5) duration of Amends the Internal Revenue Code to allow a business tax credit for the cost of reducing the risk of Coronavirus Disease 2019 (COVID-19) transmission between people on the premises of an eligible hotel. (Currently, such credit is limited to the cost to the owner of a qualified hotel of replacing or retrofitting personal protective equipment (PPE) for the purpose of reducing

H.R.3093

Commerce

Save Hotel Jobs Act This bill requires the Department of the Treasury to award grants to hotel owners and operators to assist with payroll costs. Applicants for a grant must provide Treasury with certain assurances, including that (1) the hotel, if in operation, experienced at least a 40% decline in revenue during a three-month period in calendar year 2020 as compared to the corresponding period in 2019; and (2) the hotel owner or operator has a policy to offer employees who have been laid off during the COVID-19 public health emergency any same or similar positions that become available as a result of receiving a grant. All grant funds must be expended during the 270-day period beginning on the date the funds are disbursed. If the hotel owner or operator receives loans through the Paycheck Protection Program, the grant must be reduced by the amount of such loans that are forgiven under the program, including loans received on or before enactment of this bill. For federal tax purposes, the grants are not included as part of the gross income of the hotel owner or operator. The bill also establishes a tax credit equal to 50% of the expenses a hotel owner or operator incurs for qualified personal protective equipment (up to a maximum of $25,000).

To provide assistance to the hotel industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Hotel Jobs Act''. SEC. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19. (3) Hotel owner or operator.--The term ``hotel owner or operator'' means a group which is primarily engaged in owning or operating an establishment known to the public as a hotel that provides lodging for the general public. (4) Laid-off employee.--The term ``laid-off employee'' means an individual whose employment with a hotel owner or operator has been terminated during the COVID-19 public health emergency. (5) Payroll costs.--The term ``payroll costs'', with respect to a hotel owner or operator-- (A) means, except as provided in subparagraph (B)-- (i) the sum of payments of any compensation with respect to employees of the owner or operator that is-- (I) a salary, wage, commission, or similar compensation; (II) a payment of cash tip or equivalent; (III) a payment for vacation, parental, family, medical, or sick leave; (IV) an allowance for dismissal or separation; (V) a payment required for the provisions of group health care or group life, disability, vision, or dental insurance benefits, including insurance premiums; (VI) a payment of any retirement benefit; or (VII) a payment of State or local tax assessed on the compensation of employees; and (ii) the sum of payments of any compensation with respect to employees paid by a hotel owner or operator to a third-party hotel management company operating the hotel that is compensation for any of the items described in subclauses (I) through (VII) of clause (i); and (iii) the sum of payments of any compensation provided by the hotel owner or operator to or as income of a sole proprietor or independent contractor that is a wage, commission, income, net earnings from self- employment, or similar compensation; and (B) shall not include-- (i) with respect to an individual employee, any total payments described in subclause (I) or (II) of subparagraph (A)(i) that are in excess of $100,000 on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments are incurred; (ii) with respect to a sole proprietor or independent contractor, any total payments described in subparagraph (A)(iii) that are in excess of $100,000 on an annualized basis, as prorated as described in clause (i); (iii) taxes imposed or withheld under chapter 21, 22, or 24 of the Internal Revenue Code of 1986; (iv) any compensation of an employee whose principal place of residence is outside of the United States; (v) qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act (Public Law 116-127); or (vi) qualified family leave wages for which a credit is allowed under section 7003 of the Families First Coronavirus Response Act (Public Law 116-127). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (b) Grants.-- (1) In general.--The Secretary shall award grants under this section to hotel owners or operators for the purpose of assisting with payroll costs during the covered period in accordance with subsection (d). (2) Initial awards.-- (A) In general.--Each hotel owner or operator that applies for an initial grant under this section and meets the requirements under subsection (c) shall, subject to funding available under subsection (h), receive such grant. (B) Amounts.-- (i) In general.--The Secretary shall determine the amount of an initial grant awarded under this section on an individualized basis with respect to each hotel owner or operator and in accordance with this subparagraph. (ii) Standard maximum amount.--The maximum amount of an initial grant awarded under this section to a hotel owner or operator shall, except as provided in clause (iii), be the lesser of-- (I) subject to clause (iv), $20,000,000; or (II)(aa) in the case of a grant with respect to a hotel that was operating for a 3-month period during calendar year 2019, the product obtained by multiplying by 3 the average total monthly payments for payroll costs of the hotel incurred in a 3-month period, selected by the owner or operator, during calendar year 2019; or (bb) in the case of a grant with respect to a hotel that was not operating for a 3-month period during calendar year 2019 and was operating for a 3-month period during calendar year 2020, the product obtained by multiplying by 3 the average total monthly payments for payroll costs of the hotel, incurred in a 3-month period, selected by the owner or operator, during calendar year 2020. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (II) Operating in 2019 and 2020.-- In the case of a grant with respect to a hotel that was in operation in calendar years 2019 and 2020, but not in operation for a 3-month period in either of those calendar years, the applicable amount for purposes of subclause (I)(bb) is-- (aa) the difference between-- (AA) the product obtained by multiplying the average monthly gross receipts of the hotel in calendar year 2019 by 12; and (BB) the product obtained by multiplying the average monthly gross receipts of the hotel in 2020 by 12; or (bb) an amount based on a formula determined by the Secretary. (III) Operations beginning in 2020 and prior to submission of the application.--In the case of a grant with respect to a hotel that began operating during the period beginning on January 1, 2020, and ending on the day before the date on which the application for the grant was submitted under subsection (c) and that was not in operation for a 3-month period in calendar year 2020, the applicable amount for purposes of subclause (I)(bb) is-- (aa) the total amount of fixed and operating expenses that were incurred for the hotel prior to the submission of the application minus any gross receipts received; or (bb) an amount based on a formula determined by the Secretary. (IV) Hotels not in operation as of submission of the application.--In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is-- (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. (iv) Reduction in award for ppp loans.--In the case that a hotel owner or operator receives a loan guaranteed under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) before, on, or after the date of enactment of this Act and is approved for a grant under this section, the amount of $20,000,000 applicable under clauses (ii)(I) and (iii)(I)(aa) shall be reduced by the total amount of loans to such owner or operator guaranteed under such paragraph (36) or (37) that is forgiven under-- (I) section 1106 of the CARES Act (as in effect on the day before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116-260)); (II) section 7A of the Small Business Act (15 U.S.C. 636m); or (III) paragraph (37)(J) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)). (3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. (B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). (C) Qualified owners or operators.--An owner or operator may not receive a supplemental grant under this paragraph if the owner or operator was not in operation for the 3-month period in 2019 corresponding to the 3-month period following the disbursement of amounts from the initial grant under paragraph (2). (c) Eligibility.--To be eligible to receive a grant under this section, a hotel owner or operator shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall specify, including-- (1) in the case of an application for an initial grant, an assurance that, if applicable, the hotel owner or operator had a decline of not less than 40 percent in gross receipts during any 3-month period in calendar year 2020, as compared to the same 3-month period in calendar year 2019; (2) an assurance the hotel owner or operator has a policy for providing recall rights as described in subsection (e); (3) an assurance that the hotel owner or operator will use the funds of the grant during the covered period in accordance with the requirement under subsection (d); and (4) an assurance that-- (A) the hotel of the owner or operator was in operation on the date of enactment of this Act; or (B) if not in operation on such date, had incurred payroll costs as of such date. (d) Use of Funds.--A hotel owner or operator receiving a grant under this section shall use the full amount of such grant during the covered period for payroll costs. (e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). (B) Form.--The policy described in this subsection shall be provided to laid-off employees in writing-- (i) by registered mail to the last known physical addresses of such employees; and (ii) by email and text message to the extent the owner or operator possesses such information. (C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. In the case that more than 1 laid- off employee described in such clause (i), or more than 1 laid-off employee described in such clause (ii), is eligible for the same available position, the hotel owner or operator shall offer the position to the laid- off employee with the greatest continued length of service at the hotel at which the laid-off employee was previously employed. (E) Acceptance.--The hotel owner or operator shall allow a laid-off employee who is offered a position pursuant to the policy described in this subsection not less than 7 days from the date the offer is sent to the laid-off employee to accept or decline the offer. (F) Multiple conditional offers.--Under the policy described in this subsection, a hotel owner or operator may make simultaneous, conditional offers of employment to laid-off employees, with a final offer of employment conditioned on application of the priority system under subparagraph (D). (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (iii) Substantially all of the assets of the hotel owner or operator were acquired by another entity which conducts the same or similar operations using substantially the same assets as the hotel owner or operator prior to the acquisition. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. (3) Duration of rights.--The rights described in paragraphs (1) and (2) shall apply for a period that does not end prior to the date that is 2 years after the date of enactment of this Act. (4) Exceptions.--The rights under this subsection shall not apply-- (A) in the case of a laid-off employee whose employment was terminated for cause; (B) in the case of a laid-off employee who has accepted another offer of employment after being recalled pursuant to a policy under this subsection; (C) in the case the position no longer exists due to a change in circumstances of the hotel; (D) in the case the hotel owner or operator has made an offer of recall in accordance with the requirements under this subsection and the laid-off employee refuses or does not accept the position within 5 days of when the offer is sent; or (E) in the case an applicable collective bargaining agreement waives the rights to recall under this subsection. (f) Tax Treatment.--For purposes of the Internal Revenue Code of 1986-- (1) amounts awarded through a grant under this section shall not be included in the gross income of the hotel owner or operator that receives such amounts; and (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1). (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. (2) Consultation with department of labor.--With respect to the recall rights under subsection (e), the Secretary shall, in prescribing regulations and enforcing the requirements under this section, consult with the Secretary of Labor. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $20,000,000,000, for fiscal year 2021, to remain available until expended, to make grants under this section. SEC. 3. PERSONAL PROTECTIVE EQUIPMENT 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 adding at the end the following new section: ``SEC. 45U. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(b) Maximum Credit.--The credit determined under this section with respect to any eligible taxpayer for any taxable year shall not exceed $25,000. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. ``(B) Qualified hotel.-- ``(i) In general.--The term `qualified hotel' means a lodging facility (as defined in section 856(d)(9)(D)(ii)) for which, with respect to each applicable month during the taxable year, the average number of hours worked by housekeeping staff at such facility during such month is greater than or equal to the average number of hours worked by the housekeeping staff at such facility during calendar year 2019 (as determined on an average monthly basis). ``(ii) Applicable month.--The term `applicable month' means any month beginning after the date of enactment of the Save Hotel Jobs Act. ``(C) Documentation requirements.--The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. ``(2) Qualified personal protective equipment expenses.-- The term `qualified personal protective equipment expenses' includes amounts paid or incurred-- ``(A) for the purpose of reducing the risk of Coronavirus Disease 2019 (COVID-19) transmission between people on the premises of an eligible hotel, including-- ``(i) gloves, medical masks, N-95 respirators, eye protection, gowns and aprons, boots or closed-toe work shoes, cleaning detergents, hand sanitizers, cleaning products and tools, ``(ii) retrofitting or installation of equipment, and ``(iii) any other relevant expense the Secretary, in consultation with the Secretary of Health and Human Services, determines necessary, and ``(B) at any time during a year in which, with respect to COVID-19-- ``(i) the President declares a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.), or ``(ii) an emergency involving Federal primary responsibility is determined to exist by the President under the section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)). ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(e) Denial of Credit for Counterfeit Items.--No credit shall be allowed under this section with respect to any item if the Secretary determines such item to be counterfeit or sold or distributed in bad faith.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45U. Personal Protective Equipment Credit.''. (d) Effective Date.--The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date. <all>

Save Hotel Jobs Act

To provide assistance to the hotel industry, and for other purposes.

Save Hotel Jobs Act

Rep. Crist, Charlie

D

FL

This bill requires the Department of the Treasury to award grants to hotel owners and operators to assist with payroll costs. Applicants for a grant must provide Treasury with certain assurances, including that (1) the hotel, if in operation, experienced at least a 40% decline in revenue during a three-month period in calendar year 2020 as compared to the corresponding period in 2019; and (2) the hotel owner or operator has a policy to offer employees who have been laid off during the COVID-19 public health emergency any same or similar positions that become available as a result of receiving a grant. All grant funds must be expended during the 270-day period beginning on the date the funds are disbursed. If the hotel owner or operator receives loans through the Paycheck Protection Program, the grant must be reduced by the amount of such loans that are forgiven under the program, including loans received on or before enactment of this bill. For federal tax purposes, the grants are not included as part of the gross income of the hotel owner or operator. The bill also establishes a tax credit equal to 50% of the expenses a hotel owner or operator incurs for qualified personal protective equipment (up to a maximum of $25,000).

This Act may be cited as the ``Save Hotel Jobs Act''. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means 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. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. SEC. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. ``(C) Documentation requirements.--The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. 5191(b)). 45U. (d) Effective Date.--The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date.

This Act may be cited as the ``Save Hotel Jobs Act''. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means 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. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. SEC. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. 5191(b)). 45U.

This Act may be cited as the ``Save Hotel Jobs Act''. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means 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. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. SEC. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. ``(C) Documentation requirements.--The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. 5191(b)). 45U. (d) Effective Date.--The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date.

This Act may be cited as the ``Save Hotel Jobs Act''. 2. SUPPORTING HOTEL OPERATORS AND WORKERS THROUGH GRANTS FOR PAYROLL COSTS. (a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means 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. (5) Payroll costs.--The term ``payroll costs'', with respect to a hotel owner or operator-- (A) means, except as provided in subparagraph (B)-- (i) the sum of payments of any compensation with respect to employees of the owner or operator that is-- (I) a salary, wage, commission, or similar compensation; (II) a payment of cash tip or equivalent; (III) a payment for vacation, parental, family, medical, or sick leave; (IV) an allowance for dismissal or separation; (V) a payment required for the provisions of group health care or group life, disability, vision, or dental insurance benefits, including insurance premiums; (VI) a payment of any retirement benefit; or (VII) a payment of State or local tax assessed on the compensation of employees; and (ii) the sum of payments of any compensation with respect to employees paid by a hotel owner or operator to a third-party hotel management company operating the hotel that is compensation for any of the items described in subclauses (I) through (VII) of clause (i); and (iii) the sum of payments of any compensation provided by the hotel owner or operator to or as income of a sole proprietor or independent contractor that is a wage, commission, income, net earnings from self- employment, or similar compensation; and (B) shall not include-- (i) with respect to an individual employee, any total payments described in subclause (I) or (II) of subparagraph (A)(i) that are in excess of $100,000 on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments are incurred; (ii) with respect to a sole proprietor or independent contractor, any total payments described in subparagraph (A)(iii) that are in excess of $100,000 on an annualized basis, as prorated as described in clause (i); (iii) taxes imposed or withheld under chapter 21, 22, or 24 of the Internal Revenue Code of 1986; (iv) any compensation of an employee whose principal place of residence is outside of the United States; (v) qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act (Public Law 116-127); or (vi) qualified family leave wages for which a credit is allowed under section 7003 of the Families First Coronavirus Response Act (Public Law 116-127). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). 636(a)). (D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (F) Multiple conditional offers.--Under the policy described in this subsection, a hotel owner or operator may make simultaneous, conditional offers of employment to laid-off employees, with a final offer of employment conditioned on application of the priority system under subparagraph (D). (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. (2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. (2) Consultation with department of labor.--With respect to the recall rights under subsection (e), the Secretary shall, in prescribing regulations and enforcing the requirements under this section, consult with the Secretary of Labor. SEC. 3. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. PERSONAL PROTECTIVE EQUIPMENT CREDIT. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. ``(B) Qualified hotel.-- ``(i) In general.--The term `qualified hotel' means a lodging facility (as defined in section 856(d)(9)(D)(ii)) for which, with respect to each applicable month during the taxable year, the average number of hours worked by housekeeping staff at such facility during such month is greater than or equal to the average number of hours worked by the housekeeping staff at such facility during calendar year 2019 (as determined on an average monthly basis). ``(C) Documentation requirements.--The Secretary may establish such documentation requirements as are necessary to determine eligibility for a credit under this section. 5191(b)). 45U. (d) Effective Date.--The amendments made by this section shall apply to expenses made or incurred after December 31, 2020, in taxable years ending after such date.

To provide assistance to the hotel industry, and for other purposes. a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. ( (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. ( b) Grants.-- (1) In general.--The Secretary shall award grants under this section to hotel owners or operators for the purpose of assisting with payroll costs during the covered period in accordance with subsection (d). ( iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). (II) Operating in 2019 and 2020.-- In the case of a grant with respect to a hotel that was in operation in calendar years 2019 and 2020, but not in operation for a 3-month period in either of those calendar years, the applicable amount for purposes of subclause (I)(bb) is-- (aa) the difference between-- (AA) the product obtained by multiplying the average monthly gross receipts of the hotel in calendar year 2019 by 12; and (BB) the product obtained by multiplying the average monthly gross receipts of the hotel in 2020 by 12; or (bb) an amount based on a formula determined by the Secretary. ( (IV) Hotels not in operation as of submission of the application.--In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is-- (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. ( (3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( d) Use of Funds.--A hotel owner or operator receiving a grant under this section shall use the full amount of such grant during the covered period for payroll costs. (e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). ( C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( In the case that more than 1 laid- off employee described in such clause (i), or more than 1 laid-off employee described in such clause (ii), is eligible for the same available position, the hotel owner or operator shall offer the position to the laid- off employee with the greatest continued length of service at the hotel at which the laid-off employee was previously employed. ( E) Acceptance.--The hotel owner or operator shall allow a laid-off employee who is offered a position pursuant to the policy described in this subsection not less than 7 days from the date the offer is sent to the laid-off employee to accept or decline the offer. ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( f) Tax Treatment.--For purposes of the Internal Revenue Code of 1986-- (1) amounts awarded through a grant under this section shall not be included in the gross income of the hotel owner or operator that receives such amounts; and (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1). (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( 2) Consultation with department of labor.--With respect to the recall rights under subsection (e), the Secretary shall, in prescribing regulations and enforcing the requirements under this section, consult with the Secretary of Labor. ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means any person engaged in the business of owning or operating a qualified hotel. or ``(ii) an emergency involving Federal primary responsibility is determined to exist by the President under the section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)). ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. ( c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec.

To provide assistance to the hotel industry, and for other purposes. a) Definitions.--In this section: (1) Covered period.--The term ``covered period'', with respect to a grant, means the 270-day period beginning on the date on which the grant funds have been disbursed. ( (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. ( B) Amounts.-- (i) In general.--The Secretary shall determine the amount of an initial grant awarded under this section on an individualized basis with respect to each hotel owner or operator and in accordance with this subparagraph. ( (II) Operating in 2019 and 2020.-- In the case of a grant with respect to a hotel that was in operation in calendar years 2019 and 2020, but not in operation for a 3-month period in either of those calendar years, the applicable amount for purposes of subclause (I)(bb) is-- (aa) the difference between-- (AA) the product obtained by multiplying the average monthly gross receipts of the hotel in calendar year 2019 by 12; and (BB) the product obtained by multiplying the average monthly gross receipts of the hotel in 2020 by 12; or (bb) an amount based on a formula determined by the Secretary. ( IV) Hotels not in operation as of submission of the application.--In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is-- (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. ( 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( d) Use of Funds.--A hotel owner or operator receiving a grant under this section shall use the full amount of such grant during the covered period for payroll costs. ( B) Form.--The policy described in this subsection shall be provided to laid-off employees in writing-- (i) by registered mail to the last known physical addresses of such employees; and (ii) by email and text message to the extent the owner or operator possesses such information. (C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. (ii) The form of organization of the hotel owner or operator changes after the hotel owner or operator receives the funding. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(B) Qualified hotel.-- ``(i) In general.--The term `qualified hotel' means a lodging facility (as defined in section 856(d)(9)(D)(ii)) for which, with respect to each applicable month during the taxable year, the average number of hours worked by housekeeping staff at such facility during such month is greater than or equal to the average number of hours worked by the housekeeping staff at such facility during calendar year 2019 (as determined on an average monthly basis). ``(e) Denial of Credit for Counterfeit Items.--No credit shall be allowed under this section with respect to any item if the Secretary determines such item to be counterfeit or sold or distributed in bad faith.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. ( c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec.

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. ( ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. iii) Special circumstances.-- (I) In general.--In the case of a grant for a hotel that was not in operation for a 3-month period in calendar year 2019 or 2020, the maximum amount of an initial grant awarded under this section shall be the lesser of-- (aa) subject to clause (iv), $20,000,000; or (bb) the amount applicable under subclause (II), (III), or (IV). IV) Hotels not in operation as of submission of the application.--In the case of a grant with respect to a hotel that is not in operation on the date on which the application for the grant was submitted under subsection (c), but has incurred payroll costs as of the date of enactment of this Act, the amount applicable for purposes of subclause (I)(bb) is-- (aa) the amount of such payroll costs; or (bb) an amount based on a formula determined by the Secretary. ( (3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). ( C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( In the case that more than 1 laid- off employee described in such clause (i), or more than 1 laid-off employee described in such clause (ii), is eligible for the same available position, the hotel owner or operator shall offer the position to the laid- off employee with the greatest continued length of service at the hotel at which the laid-off employee was previously employed. ( ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. ( ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). ( C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( ( ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( ( ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. ( ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( e) Recall Rights.-- (1) Policy.-- (A) In general.--The policy described in this subsection shall, except as provided in paragraph (4), include a requirement that the hotel owner or operator offers to the laid-off employees of the hotel supported by the grant all positions which become available after the owner or operator receives funding under this section for which the laid-off employees are qualified, as described in subparagraph (C). ( C) Qualifications for a position.--For purposes of this subsection, a laid-off employee is qualified for a position if the laid-off employee-- (i) held the same or a similar position with the hotel at which the laid-off employee was previously employed at the time of the laid-off employee's most recent termination from employment; or (ii) has the requisite skill level required for the position. ( ( ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( 2) Rate of compensation.--A laid-off employee who returns to employment for a hotel owner or operator pursuant to a policy described in this subsection shall, in accordance with paragraph (3), be compensated at a rate not less than the rate of compensation the laid-off employee had prior to the separation from employment. ( ( ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( B) Amount.--A supplemental grant under this paragraph shall be in the amount equal to 50 percent of the amount of the grant received by the hotel owner or operator under paragraph (2). ( D) Priority system.--In offering a position under the policy described in this subsection, the hotel owner or operator shall give priority to a laid-off employee described in clause (i) of subparagraph (C) over a laid-off employee described in clause (ii) of such subparagraph. ( ( (g) Regulations.-- (1) In general.--The Secretary shall prescribe regulations to carry out this section, which shall include-- (A) remedial measures, including-- (i) the authority for the Secretary to clawback funds provided through this section in the case of violations of the requirements under this section with respect to such funds; and (ii) the authority for the Secretary to impose fines on recipients of funds under this section who are in violation of such requirements; and (B) a requirement for recipients of funds under this section to publicly disclose the amount of such funds. ( b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code 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 personal protective equipment credit determined under section 45U.''. (

To provide assistance to the hotel industry, and for other purposes. 3) Supplemental awards.-- (A) In general.--The Secretary may make a supplemental grant in accordance with this section to a hotel owner or operator that has received an initial grant under paragraph (2) if, in the 3-month period following the disbursement of amounts from the initial grant, the revenue of the hotel owner or operator is not more than 50 percent of the revenue of the hotel owner or operator for the corresponding 3-month period during 2019, due to the COVID-19 pandemic. ( ( ( ( (G) Additional circumstances covered by the policy.--A hotel owner or operator receiving a grant under this section shall ensure that the policy under this subsection will continue to apply in each of the following: (i) The ownership of the hotel is sold or otherwise transferred to another entity conducting the same or similar operations as the hotel owner or operator receiving the grant conducted prior to the sale or transfer, including applicability with respect to any laid-off employee who was terminated from employment with the grant recipient prior to the sale or transfer. ( ``(a) Allowance of Credit.--For purposes of section 38, the personal protective equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid by an eligible taxpayer for qualified personal protective equipment expenses during such year.

Save Hotel Jobs Act This bill directs the Department of Health and Human Services (HHS) to award grants to a group of owners or operators to assist them with payroll costs during the COVID-19 public health emergency. The funds shall be used to: (1) provide training and technical assistance to employees of the owners or operator; (2) provide technical assistance and training to the This bill authorizes the Small Business Administration (SBA) to make supplemental grants to eligible owners or operators of hotels that are not in operation for a three-month period in calendar years 2019 and 2020 due to the COVID-19 pandemic. The amount of such grants shall be based on the difference between the average monthly gross receipts of the hotel in calendar year 2019 and the average Directs the Secretary of Labor to prescribe regulations for remedial measures with respect to such funds, including: (1) requiring recipients of such funds to publicly disclose the amount of funds under this Act; and (2) imposing fines for violations of such regulations. (Sec. 3) Qualifications for a position; (4) rate of compensation; (5) duration of Amends the Internal Revenue Code to allow a business tax credit for the cost of reducing the risk of Coronavirus Disease 2019 (COVID-19) transmission between people on the premises of an eligible hotel. (Currently, such credit is limited to the cost to the owner of a qualified hotel of replacing or retrofitting personal protective equipment (PPE) for the purpose of reducing

H.R.3147

Commerce

Restoring Board Immunity Act of 2021 or the RBI Act This bill grants antitrust immunity to state occupational licensing boards in states that satisfy specified occupational licensing law requirements. These include (1) requiring a board's actions to be authorized by a non-frivolous interpretation of the state's occupational licensing laws; and (2) using less restrictive alternatives to occupational licensing to address threats to public health, safety, or welfare. Such states must either establish an office to supervise boards or provide for judicial review of occupational licensing laws.

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Board Immunity Act of 2021'' or the ``RBI Act''. SEC. 2. STATEMENT OF FINDINGS AND PURPOSE. Congress finds the following: (1) The prevalence of occupational licensing has increased dramatically in recent decades, in part because private interests have sought licensing in order to limit competition. (2) Occupational licensing often limits opportunities for workers, frustrates entrepreneurs seeking to introduce new business models, and raises prices paid by consumers. (3) Licensing should be imposed only to combat real, substantial threats to public health, safety, or welfare and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest. (4) Regulators should consider a range of less restrictive alternatives before enacting an occupational licensing regime, which may include inspections, bonding or insurance requirements, registration, and voluntary certification. (5) Voluntary certification provides a particularly significant alternative to licensure, as it allows market participants to signal to consumers the attainment of personal qualifications without limiting entry into the marketplace. (6) The failure of State governments to adopt less restrictive alternatives to licensing, and less burdensome requirements in those areas where licensing is deemed necessary, has resulted in significant costs to consumers and the broader economy. (7) The United States Supreme Court responded to these concerns in North Carolina Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), holding that self-interested licensing boards may be subject to liability under the antitrust laws, but that decision has also created significant uncertainty for the States and their licensing boards. (8) Some States have responded to the decision in North Carolina Board of Dental Examiners by establishing a layer of bureaucratic oversight that merely monitors board actions for consistency with State licensing laws. This response is a missed opportunity for reform, as it does not address the specific competition concern raised in North Carolina Board of Dental Examiners or the underlying problems with over-reliance on occupational licensure as a regulatory approach and with overly broad enforcement of licensing laws as a means to regulate commercial activities outside an occupation's scope of practice. (9) Legislation is necessary to clarify the requirements of active supervision, both to offer States a clear and certain mechanism to immunize their occupational boards and to make clear that mere bureaucratic oversight to ensure consistency with State licensing laws does not suffice to confer immunity. (10) This Act is intended to offer States a choice between two alternative routes to achieve immunity for their occupational licensing boards--either establishing a mechanism for meaningful active supervision of licensing boards by State officials or establishing a mechanism for meaningful judicial review of board actions in the State courts. SEC. 3. DEFINITIONS. In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. (2) Good faith.--The term ``good faith'', with respect to performance-- (A) means diligent performance that is directed towards achieving the policies set forth in this Act; (B) does not include performance that is-- (i) designed to subvert or evade the policies set forth in this Act; or (ii) carried out in a manner that has the systematic effect of subverting or evading the policies set forth in this Act; and (C) refers to an objective, rather than subjective, standard. (3) Lawful occupation.--The term ``lawful occupation'' means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling the goods or services is subject to occupational licensing laws. (4) Least restrictive regulation.--The term ``least restrictive regulation'' means, from least to most restrictive: (A) One or more of the following, each of which shall be considered equally restrictive: (i) Market competition. (ii) Industry or consumer-related ratings and reviews. (iii) Private certification. (iv) A specific private civil cause of action to remedy consumer harm. (v) A deceptive trade practice act. (vi) A regulation of the process of providing the specific goods or services to consumers. (vii) Inspections. (viii) Bonding or insurance. (ix) Registration. (x) Government certification. (B) Specialty occupational license for medical reimbursement. (C) Occupational license. (5) Less restrictive alternatives to occupational licensing.--The term ``less restrictive alternatives to occupational licensing''-- (A) means regulations that achieve the public health or safety goals asserted by the government to justify licensing while imposing a less onerous restriction on entry into the marketplace; and (B) includes the alternative forms of regulation described in paragraph (4)(A). (6) Member, officer, or employee.--The term ``member, officer, or employee'', with respect to an occupational licensing board, means an individual appointed by a State to the board. (7) Occupational license.--The term ``occupational license'' means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the State government. (8) Occupational licensing board.--The term ``occupational licensing board'' or ``board'' means an entity established under State law-- (A) the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation; (B) that has authority conferred by State law to interpret or enforce the occupational licensing laws of the State; and (C) not less than \2/3\ of the members of which are appointed by an elected official of the State. (9) Occupational licensing law.--The term ``occupational licensing law''-- (A) means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and (B) does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual's personal qualifications to engage in or practice a lawful occupation. (10) Occupational regulation.--The term ``occupational regulation''-- (A) means a statute, rule, practice, policy, or other law that substantially burdens an individual's ability to work in a lawful occupation; (B) includes a regulation requiring registration, certification, or an occupational license; and (C) does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation. (11) Personal qualifications.--The term ``personal qualifications'' means criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education. (12) Registration.--The term ``registration'' means a requirement that an individual give notice to the government of a State that may include-- (A) the individual's name and address; (B) the individual's agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. (13) Specialty occupational license for medical reimbursement.--The term ``specialty occupational license for medical reimbursement'' means a nontransferable authorization in law for an individual to qualify for payment or reimbursement from a government agency for the non-exclusive provision of medical services based on meeting personal qualifications established by the State legislature. (14) State.--The term ``State'' means-- (A) each of the several States; and (B) the District of Columbia. SEC. 4. ANTITRUST IMMUNITY. (a) In General.--Subject to subsection (b), the Sherman Act (15 U.S.C. 1 et seq.) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, if-- (1) the requirements under section 5 of this Act are satisfied; or (2) the requirements under section 6 of this Act are satisfied. (b) Requirement of Good Faith.--The immunity provided under subsection (a) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, unless the State acts in good faith to perform the applicable requirements under section 5 or 6. (c) Existing Entities or Procedures.--The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection (a) if the State governmental entity or procedure satisfies the applicable requirements under section 5 or 6. (d) Savings Clause.--The immunity provided under subsection (a) shall not apply to an action unrelated to regulating the personal qualifications required to engage in or practice a lawful occupation, such as rules of an occupational licensing board governing minimum prices or residency requirements. SEC. 5. ACTIVE SUPERVISION. (a) In General.--The immunity under section 4(a) shall apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of that board acting in the official capacity of that member, officer, or employee, if-- (1) the actions of the occupational licensing board or member, officer, or employee are authorized by a non-frivolous interpretation of the occupational licensing laws of the State; (2) the State adopts a policy of using less restrictive alternatives to occupational licensing to address real, substantial threats to public health, safety, or welfare, in accordance with subsection (b) of this section; and (3) the State enacts legislation providing for active supervision of the actions of an occupational licensing board and any member, officer, or employee of such a board, in accordance with subsection (c) of this section. (b) Policy.--The State shall adopt a policy providing that-- (1) occupational licensing laws should be construed and applied to-- (A) protect public health, safety, and welfare; and (B) increase economic opportunity, promote competition, and encourage innovation; (2) regulators should displace competition through occupational licensing laws only if less restrictive alternatives to occupational licensing will not suffice to protect consumers from real, substantial threats to public health, safety, or welfare; and (3) an occupational licensing law should be enforced against an individual only to the extent the individual sells goods or services that are included explicitly in the statute or regulation that defines the occupation's scope of practice. (c) Active Supervision.-- (1) In general.--The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. (2) Day-to-day supervision.-- (A) Establishment of office of supervision of occupational boards.--The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the ``Office'') to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). (B) Duties.--The Office shall-- (i) review and explicitly approve or reject in writing any occupational regulation proposed by a board before the board may adopt or implement the occupational regulation; (ii) play a substantial role in the development of a board's rules and policies to ensure they benefit consumers and do not serve the private interests of providers of goods and services regulated by the board; (iii) disapprove in writing the use of any board rule or policy relating to an occupational regulation and terminate any enforcement action, including any such action pending on the date of enactment of this Act, that is inconsistent with the policy adopted under subsection (b); (iv) exercise control over each board by reviewing and affirmatively approving in writing only occupational regulations that are consistent with the policy adopted under subsection (b); (v) use the analysis conducted under paragraph (5) and conduct reasonable investigations to gain additional information, including about less restrictive regulatory approaches, to promote compliance with subsection (b); (vi)(I) be staffed by not less than 1 attorney; and (II) prohibit attorneys working in the Office from providing general counsel to any board; and (vii)(I) approve board actions explicitly in writing, rather than implicitly; and (II) clearly establish that silence or inaction does not constitute approval. (3) Internal review.-- (A) Complaint.--The State shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the State may file a complaint with the Office about an occupational regulation of an occupational licensing board in the State that the person believes is inconsistent with the policy adopted under subsection (b). (B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (C) Review.--The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant's ability to-- (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation. (4) Right to raise defense.-- (A) In general.--The State shall authorize an individual to assert as a defense, in any administrative or judicial proceeding to enforce an occupational regulation, that the regulation does not comply with the policy adopted under subsection (b). (B) Procedures.--In a proceeding described in subparagraph (A)-- (i) an individual who asserts a defense under this paragraph has the initial burden of proof that the occupational regulation being enforced substantially burdens the individual's ability to engage in a lawful occupation; (ii) if an individual meets the burden of proof under clause (i), the State shall be required to demonstrate by clear and convincing evidence that the occupational regulation-- (I) advances an important government interest in protecting against real, substantial threats to public health, safety, or welfare; and (II) is substantially related to achievement of the important government interest described in subclause (I), in light of the availability of less restrictive alternatives to occupational licensing; and (iii) in reviewing an alleged violation of the policy adopted under subsection (b), an administrative agency or a court-- (I) shall make its own findings of fact and conclusions of law; (II) may not rely on a legislative finding of fact presented in admissible form to the agency or court; and (III) may not grant any presumption to a legislative determination-- (aa) of harm to public health, safety, or welfare; or (bb) that the occupational regulation is substantially related to achievement of the important government interest described in clause (ii)(I). (5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). (B) Scope of review.--The entity conducting the review under subparagraph (A)-- (i) shall publish an annual written report encompassing approximately 20 percent of the occupations subject to occupational regulations within the State, such that the entity will review all occupational regulations within the State during each 5-year period; and (ii) shall publish a written report assessing any proposed occupational licensing law, or other proposed law that would expand the authority of an occupational licensing board to impose occupational regulations, before the proposed law is submitted to a vote by the State legislature. (C) Requirements for analysis.--In conducting the review required under subparagraph (A), the entity shall-- (i) determine whether the law or other regulation satisfies the policy adopted under subsection (b) of using the least restrictive regulation necessary to protect consumers from real, substantial threats to public health, safety, or welfare; (ii) evaluate the effects of the law or other regulation on opportunities for workers, consumer choices and costs, general unemployment, market competition, governmental costs, and other effects; (iii) compare the law or other regulation to whether and how other States regulate the applicable occupation; and (iv) if the applicable occupation is subject to an occupational licensing law, evaluate-- (I) the feasibility of entering into reciprocity compacts with one or more other States to improve worker mobility and labor market flexibility; and (II) the advisability of endorsing occupational licenses granted by other States to spouses of active service military members as if those occupational licenses were granted by the State conducting the review. SEC. 6. JUDICIAL REVIEW. (a) In General.--The immunity under section 4(a) shall apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of that board acting in the official capacity of that member, officer, or employee, if-- (1) the actions of the occupational licensing board or member, officer, or employee are authorized by a non-frivolous interpretation of the occupational licensing laws of the State; (2) the State adopts a policy of using less restrictive alternatives to occupational licensing to address real, substantial threats to public health, safety, or welfare, in accordance with section 5(b); and (3) the State enacts legislation providing for judicial review of occupational licensing laws, in accordance with subsection (b) of this section. (b) Judicial Review Legislation.--Legislation enacted by a State under subsection (a)(3)-- (1) shall-- (A) prohibit the State and any occupational licensing board from imposing an occupational licensing law unless the State-- (i) identifies an important government interest in protecting against real, substantial threats to public health, safety, or welfare; and (ii) demonstrates that the occupational licensing law is substantially related to achievement of the important government interest described in clause (i), in light of the availability of less restrictive alternatives to occupational licensing; (B) provide an affirmative defense against enforcement of any occupational licensing law of the State under which the State shall be required to demonstrate that the standard under subparagraph (A) has been met; (C) establish a cause of action under which-- (i) a person may bring an action for injunctive relief against enforcement of an occupational licensing law of the State; (ii) the plaintiff bears the initial burden to prove that the challenged occupational licensing law substantially burdens the plaintiff's ability to engage in a lawful occupation; and (iii) once the plaintiff makes the initial showing under clause (ii), the State is required to demonstrate that the standard under subparagraph (A) has been met; (D) provide for an award of reasonable costs and attorney fees to a person who successfully challenges the application of an occupational licensing law of the State by-- (i) raising an affirmative defense under subparagraph (B); or (ii) bringing an action under subparagraph (C); and (E) provide for independent judicial review of the occupational licensing laws of the State to ensure that the standard set forth in subparagraph (A) has been met; and (2) may not authorize a court to-- (A) uphold enforcement of an occupational licensing law of the State simply because the court believes the law is rationally related to a legitimate governmental purpose; (B) rely on hypothetical risks to public safety, not substantiated by evidence in the record, to uphold enforcement of an occupational licensing law of the State; (C) defer to factual or legal conclusions of another person or entity, rather than exercising independent review; or (D) rely on a post hoc justification for the action of an occupational licensing board that was not put forward by the board at the time of the challenged action. (c) Rule of Construction.--Nothing in subsection (b) shall be construed to require legislation enacted by a State under subsection (a)(3) to provide a right to recover monetary damages, other than reasonable costs and attorney fees as provided under subsection (b)(1)(D). <all>

RBI Act

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes.

RBI Act Restoring Board Immunity Act of 2021

Rep. Issa, Darrell E.

R

CA

This bill grants antitrust immunity to state occupational licensing boards in states that satisfy specified occupational licensing law requirements. These include (1) requiring a board's actions to be authorized by a non-frivolous interpretation of the state's occupational licensing laws; and (2) using less restrictive alternatives to occupational licensing to address threats to public health, safety, or welfare. Such states must either establish an office to supervise boards or provide for judicial review of occupational licensing laws.

This Act may be cited as the ``Restoring Board Immunity Act of 2021'' or the ``RBI Act''. 2. STATEMENT OF FINDINGS AND PURPOSE. (3) Licensing should be imposed only to combat real, substantial threats to public health, safety, or welfare and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest. 3. (2) Good faith.--The term ``good faith'', with respect to performance-- (A) means diligent performance that is directed towards achieving the policies set forth in this Act; (B) does not include performance that is-- (i) designed to subvert or evade the policies set forth in this Act; or (ii) carried out in a manner that has the systematic effect of subverting or evading the policies set forth in this Act; and (C) refers to an objective, rather than subjective, standard. (ii) Industry or consumer-related ratings and reviews. (iv) A specific private civil cause of action to remedy consumer harm. (vi) A regulation of the process of providing the specific goods or services to consumers. (vii) Inspections. (ix) Registration. (x) Government certification. (B) Specialty occupational license for medical reimbursement. (C) Occupational license. (6) Member, officer, or employee.--The term ``member, officer, or employee'', with respect to an occupational licensing board, means an individual appointed by a State to the board. (9) Occupational licensing law.--The term ``occupational licensing law''-- (A) means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and (B) does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual's personal qualifications to engage in or practice a lawful occupation. (14) State.--The term ``State'' means-- (A) each of the several States; and (B) the District of Columbia. 4. (c) Existing Entities or Procedures.--The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection (a) if the State governmental entity or procedure satisfies the applicable requirements under section 5 or 6. 5. (c) Active Supervision.-- (1) In general.--The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. (B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). SEC. JUDICIAL REVIEW.

This Act may be cited as the ``Restoring Board Immunity Act of 2021'' or the ``RBI Act''. 2. STATEMENT OF FINDINGS AND PURPOSE. (3) Licensing should be imposed only to combat real, substantial threats to public health, safety, or welfare and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest. 3. (2) Good faith.--The term ``good faith'', with respect to performance-- (A) means diligent performance that is directed towards achieving the policies set forth in this Act; (B) does not include performance that is-- (i) designed to subvert or evade the policies set forth in this Act; or (ii) carried out in a manner that has the systematic effect of subverting or evading the policies set forth in this Act; and (C) refers to an objective, rather than subjective, standard. (ii) Industry or consumer-related ratings and reviews. (iv) A specific private civil cause of action to remedy consumer harm. (vi) A regulation of the process of providing the specific goods or services to consumers. (ix) Registration. (x) Government certification. (C) Occupational license. (6) Member, officer, or employee.--The term ``member, officer, or employee'', with respect to an occupational licensing board, means an individual appointed by a State to the board. (9) Occupational licensing law.--The term ``occupational licensing law''-- (A) means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and (B) does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual's personal qualifications to engage in or practice a lawful occupation. (14) State.--The term ``State'' means-- (A) each of the several States; and (B) the District of Columbia. 4. 5. (c) Active Supervision.-- (1) In general.--The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. (B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. SEC. JUDICIAL REVIEW.

This Act may be cited as the ``Restoring Board Immunity Act of 2021'' or the ``RBI Act''. 2. STATEMENT OF FINDINGS AND PURPOSE. (3) Licensing should be imposed only to combat real, substantial threats to public health, safety, or welfare and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest. This response is a missed opportunity for reform, as it does not address the specific competition concern raised in North Carolina Board of Dental Examiners or the underlying problems with over-reliance on occupational licensure as a regulatory approach and with overly broad enforcement of licensing laws as a means to regulate commercial activities outside an occupation's scope of practice. 3. (2) Good faith.--The term ``good faith'', with respect to performance-- (A) means diligent performance that is directed towards achieving the policies set forth in this Act; (B) does not include performance that is-- (i) designed to subvert or evade the policies set forth in this Act; or (ii) carried out in a manner that has the systematic effect of subverting or evading the policies set forth in this Act; and (C) refers to an objective, rather than subjective, standard. (ii) Industry or consumer-related ratings and reviews. (iv) A specific private civil cause of action to remedy consumer harm. (vi) A regulation of the process of providing the specific goods or services to consumers. (vii) Inspections. (ix) Registration. (x) Government certification. (B) Specialty occupational license for medical reimbursement. (C) Occupational license. (6) Member, officer, or employee.--The term ``member, officer, or employee'', with respect to an occupational licensing board, means an individual appointed by a State to the board. (9) Occupational licensing law.--The term ``occupational licensing law''-- (A) means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and (B) does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual's personal qualifications to engage in or practice a lawful occupation. (14) State.--The term ``State'' means-- (A) each of the several States; and (B) the District of Columbia. 4. (c) Existing Entities or Procedures.--The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection (a) if the State governmental entity or procedure satisfies the applicable requirements under section 5 or 6. 5. (c) Active Supervision.-- (1) In general.--The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. (B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). SEC. JUDICIAL REVIEW.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Restoring Board Immunity Act of 2021'' or the ``RBI Act''. 2. STATEMENT OF FINDINGS AND PURPOSE. (2) Occupational licensing often limits opportunities for workers, frustrates entrepreneurs seeking to introduce new business models, and raises prices paid by consumers. (3) Licensing should be imposed only to combat real, substantial threats to public health, safety, or welfare and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest. (5) Voluntary certification provides a particularly significant alternative to licensure, as it allows market participants to signal to consumers the attainment of personal qualifications without limiting entry into the marketplace. (8) Some States have responded to the decision in North Carolina Board of Dental Examiners by establishing a layer of bureaucratic oversight that merely monitors board actions for consistency with State licensing laws. This response is a missed opportunity for reform, as it does not address the specific competition concern raised in North Carolina Board of Dental Examiners or the underlying problems with over-reliance on occupational licensure as a regulatory approach and with overly broad enforcement of licensing laws as a means to regulate commercial activities outside an occupation's scope of practice. 3. DEFINITIONS. (2) Good faith.--The term ``good faith'', with respect to performance-- (A) means diligent performance that is directed towards achieving the policies set forth in this Act; (B) does not include performance that is-- (i) designed to subvert or evade the policies set forth in this Act; or (ii) carried out in a manner that has the systematic effect of subverting or evading the policies set forth in this Act; and (C) refers to an objective, rather than subjective, standard. (4) Least restrictive regulation.--The term ``least restrictive regulation'' means, from least to most restrictive: (A) One or more of the following, each of which shall be considered equally restrictive: (i) Market competition. (ii) Industry or consumer-related ratings and reviews. (iv) A specific private civil cause of action to remedy consumer harm. (v) A deceptive trade practice act. (vi) A regulation of the process of providing the specific goods or services to consumers. (vii) Inspections. (viii) Bonding or insurance. (ix) Registration. (x) Government certification. (B) Specialty occupational license for medical reimbursement. (C) Occupational license. (6) Member, officer, or employee.--The term ``member, officer, or employee'', with respect to an occupational licensing board, means an individual appointed by a State to the board. (9) Occupational licensing law.--The term ``occupational licensing law''-- (A) means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and (B) does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual's personal qualifications to engage in or practice a lawful occupation. (14) State.--The term ``State'' means-- (A) each of the several States; and (B) the District of Columbia. 4. ANTITRUST IMMUNITY. (a) In General.--Subject to subsection (b), the Sherman Act (15 U.S.C. (c) Existing Entities or Procedures.--The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection (a) if the State governmental entity or procedure satisfies the applicable requirements under section 5 or 6. 5. (c) Active Supervision.-- (1) In general.--The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. (B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (B) Procedures.--In a proceeding described in subparagraph (A)-- (i) an individual who asserts a defense under this paragraph has the initial burden of proof that the occupational regulation being enforced substantially burdens the individual's ability to engage in a lawful occupation; (ii) if an individual meets the burden of proof under clause (i), the State shall be required to demonstrate by clear and convincing evidence that the occupational regulation-- (I) advances an important government interest in protecting against real, substantial threats to public health, safety, or welfare; and (II) is substantially related to achievement of the important government interest described in subclause (I), in light of the availability of less restrictive alternatives to occupational licensing; and (iii) in reviewing an alleged violation of the policy adopted under subsection (b), an administrative agency or a court-- (I) shall make its own findings of fact and conclusions of law; (II) may not rely on a legislative finding of fact presented in admissible form to the agency or court; and (III) may not grant any presumption to a legislative determination-- (aa) of harm to public health, safety, or welfare; or (bb) that the occupational regulation is substantially related to achievement of the important government interest described in clause (ii)(I). (5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). SEC. JUDICIAL REVIEW. (c) Rule of Construction.--Nothing in subsection (b) shall be construed to require legislation enacted by a State under subsection (a)(3) to provide a right to recover monetary damages, other than reasonable costs and attorney fees as provided under subsection (b)(1)(D).

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. 3) Licensing should be imposed only to combat real, substantial threats to public health, safety, or welfare and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest. ( (6) The failure of State governments to adopt less restrictive alternatives to licensing, and less burdensome requirements in those areas where licensing is deemed necessary, has resulted in significant costs to consumers and the broader economy. ( This response is a missed opportunity for reform, as it does not address the specific competition concern raised in North Carolina Board of Dental Examiners or the underlying problems with over-reliance on occupational licensure as a regulatory approach and with overly broad enforcement of licensing laws as a means to regulate commercial activities outside an occupation's scope of practice. ( (10) This Act is intended to offer States a choice between two alternative routes to achieve immunity for their occupational licensing boards--either establishing a mechanism for meaningful active supervision of licensing boards by State officials or establishing a mechanism for meaningful judicial review of board actions in the State courts. In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( (3) Lawful occupation.--The term ``lawful occupation'' means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling the goods or services is subject to occupational licensing laws. ( v) A deceptive trade practice act. ( 5) Less restrictive alternatives to occupational licensing.--The term ``less restrictive alternatives to occupational licensing''-- (A) means regulations that achieve the public health or safety goals asserted by the government to justify licensing while imposing a less onerous restriction on entry into the marketplace; and (B) includes the alternative forms of regulation described in paragraph (4)(A). ( (7) Occupational license.--The term ``occupational license'' means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the State government. ( 8) Occupational licensing board.--The term ``occupational licensing board'' or ``board'' means an entity established under State law-- (A) the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation; (B) that has authority conferred by State law to interpret or enforce the occupational licensing laws of the State; and (C) not less than \2/3\ of the members of which are appointed by an elected official of the State. ( (10) Occupational regulation.--The term ``occupational regulation''-- (A) means a statute, rule, practice, policy, or other law that substantially burdens an individual's ability to work in a lawful occupation; (B) includes a regulation requiring registration, certification, or an occupational license; and (C) does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation. ( 12) Registration.--The term ``registration'' means a requirement that an individual give notice to the government of a State that may include-- (A) the individual's name and address; (B) the individual's agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. ( (14) State.--The term ``State'' means-- (A) each of the several States; and (B) the District of Columbia. c) Existing Entities or Procedures.--The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection (a) if the State governmental entity or procedure satisfies the applicable requirements under section 5 or 6. (d) Savings Clause.--The immunity provided under subsection (a) shall not apply to an action unrelated to regulating the personal qualifications required to engage in or practice a lawful occupation, such as rules of an occupational licensing board governing minimum prices or residency requirements. ACTIVE SUPERVISION. ( c) Active Supervision.-- (1) In general.--The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. ( 2) Day-to-day supervision.-- (A) Establishment of office of supervision of occupational boards.--The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the ``Office'') to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). (3) Internal review.-- (A) Complaint.--The State shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the State may file a complaint with the Office about an occupational regulation of an occupational licensing board in the State that the person believes is inconsistent with the policy adopted under subsection (b). ( C) Review.--The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant's ability to-- (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation. ( (5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). ( (c) Rule of Construction.--Nothing in subsection (b) shall be construed to require legislation enacted by a State under subsection (a)(3) to provide a right to recover monetary damages, other than reasonable costs and attorney fees as provided under subsection (b)(1)(D).

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. 6) The failure of State governments to adopt less restrictive alternatives to licensing, and less burdensome requirements in those areas where licensing is deemed necessary, has resulted in significant costs to consumers and the broader economy. ( 8) Some States have responded to the decision in North Carolina Board of Dental Examiners by establishing a layer of bureaucratic oversight that merely monitors board actions for consistency with State licensing laws. This response is a missed opportunity for reform, as it does not address the specific competition concern raised in North Carolina Board of Dental Examiners or the underlying problems with over-reliance on occupational licensure as a regulatory approach and with overly broad enforcement of licensing laws as a means to regulate commercial activities outside an occupation's scope of practice. ( In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( (4) Least restrictive regulation.--The term ``least restrictive regulation'' means, from least to most restrictive: (A) One or more of the following, each of which shall be considered equally restrictive: (i) Market competition. ( v) A deceptive trade practice act. ( 9) Occupational licensing law.--The term ``occupational licensing law''-- (A) means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and (B) does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual's personal qualifications to engage in or practice a lawful occupation. (10) Occupational regulation.--The term ``occupational regulation''-- (A) means a statute, rule, practice, policy, or other law that substantially burdens an individual's ability to work in a lawful occupation; (B) includes a regulation requiring registration, certification, or an occupational license; and (C) does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation. ( 12) Registration.--The term ``registration'' means a requirement that an individual give notice to the government of a State that may include-- (A) the individual's name and address; (B) the individual's agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. ( (b) Requirement of Good Faith.--The immunity provided under subsection (a) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, unless the State acts in good faith to perform the applicable requirements under section 5 or 6. ( d) Savings Clause.--The immunity provided under subsection (a) shall not apply to an action unrelated to regulating the personal qualifications required to engage in or practice a lawful occupation, such as rules of an occupational licensing board governing minimum prices or residency requirements. c) Active Supervision.-- (1) In general.--The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. ( 2) Day-to-day supervision.-- (A) Establishment of office of supervision of occupational boards.--The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the ``Office'') to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). 3) Internal review.-- (A) Complaint.--The State shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the State may file a complaint with the Office about an occupational regulation of an occupational licensing board in the State that the person believes is inconsistent with the policy adopted under subsection (b). ( B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (C) Review.--The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant's ability to-- (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation. ( 5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). (c) Rule of Construction.--Nothing in subsection (b) shall be construed to require legislation enacted by a State under subsection (a)(3) to provide a right to recover monetary damages, other than reasonable costs and attorney fees as provided under subsection (b)(1)(D).

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. 6) The failure of State governments to adopt less restrictive alternatives to licensing, and less burdensome requirements in those areas where licensing is deemed necessary, has resulted in significant costs to consumers and the broader economy. ( 8) Some States have responded to the decision in North Carolina Board of Dental Examiners by establishing a layer of bureaucratic oversight that merely monitors board actions for consistency with State licensing laws. This response is a missed opportunity for reform, as it does not address the specific competition concern raised in North Carolina Board of Dental Examiners or the underlying problems with over-reliance on occupational licensure as a regulatory approach and with overly broad enforcement of licensing laws as a means to regulate commercial activities outside an occupation's scope of practice. ( In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( (4) Least restrictive regulation.--The term ``least restrictive regulation'' means, from least to most restrictive: (A) One or more of the following, each of which shall be considered equally restrictive: (i) Market competition. ( v) A deceptive trade practice act. ( 9) Occupational licensing law.--The term ``occupational licensing law''-- (A) means a State statute that allows an individual to work in a lawful occupation and use an occupational title; and (B) does not include a business license, facility license, building permit, or zoning and land use regulation, except to the extent that the law regulates an individual's personal qualifications to engage in or practice a lawful occupation. (10) Occupational regulation.--The term ``occupational regulation''-- (A) means a statute, rule, practice, policy, or other law that substantially burdens an individual's ability to work in a lawful occupation; (B) includes a regulation requiring registration, certification, or an occupational license; and (C) does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation. ( 12) Registration.--The term ``registration'' means a requirement that an individual give notice to the government of a State that may include-- (A) the individual's name and address; (B) the individual's agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. ( (b) Requirement of Good Faith.--The immunity provided under subsection (a) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, unless the State acts in good faith to perform the applicable requirements under section 5 or 6. ( d) Savings Clause.--The immunity provided under subsection (a) shall not apply to an action unrelated to regulating the personal qualifications required to engage in or practice a lawful occupation, such as rules of an occupational licensing board governing minimum prices or residency requirements. c) Active Supervision.-- (1) In general.--The legislation enacted under subsection (a)(3) shall satisfy each of the requirements under this subsection. ( 2) Day-to-day supervision.-- (A) Establishment of office of supervision of occupational boards.--The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the ``Office'') to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). 3) Internal review.-- (A) Complaint.--The State shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the State may file a complaint with the Office about an occupational regulation of an occupational licensing board in the State that the person believes is inconsistent with the policy adopted under subsection (b). ( B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (C) Review.--The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant's ability to-- (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation. ( 5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). (c) Rule of Construction.--Nothing in subsection (b) shall be construed to require legislation enacted by a State under subsection (a)(3) to provide a right to recover monetary damages, other than reasonable costs and attorney fees as provided under subsection (b)(1)(D).

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. 6) The failure of State governments to adopt less restrictive alternatives to licensing, and less burdensome requirements in those areas where licensing is deemed necessary, has resulted in significant costs to consumers and the broader economy. ( In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( ( 3) Lawful occupation.--The term ``lawful occupation'' means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling the goods or services is subject to occupational licensing laws. ( ( 8) Occupational licensing board.--The term ``occupational licensing board'' or ``board'' means an entity established under State law-- (A) the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation; (B) that has authority conferred by State law to interpret or enforce the occupational licensing laws of the State; and (C) not less than \2/3\ of the members of which are appointed by an elected official of the State. ( ( 12) Registration.--The term ``registration'' means a requirement that an individual give notice to the government of a State that may include-- (A) the individual's name and address; (B) the individual's agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. ( ( c) Existing Entities or Procedures.--The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection (a) if the State governmental entity or procedure satisfies the applicable requirements under section 5 or 6. ( 2) Day-to-day supervision.-- (A) Establishment of office of supervision of occupational boards.--The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the ``Office'') to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). ( ( C) Review.--The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant's ability to-- (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation. ( (5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). (

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( ( (10) Occupational regulation.--The term ``occupational regulation''-- (A) means a statute, rule, practice, policy, or other law that substantially burdens an individual's ability to work in a lawful occupation; (B) includes a regulation requiring registration, certification, or an occupational license; and (C) does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation. ( b) Requirement of Good Faith.--The immunity provided under subsection (a) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, unless the State acts in good faith to perform the applicable requirements under section 5 or 6. ( 3) Internal review.-- (A) Complaint.--The State shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the State may file a complaint with the Office about an occupational regulation of an occupational licensing board in the State that the person believes is inconsistent with the policy adopted under subsection (b). ( B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. 6) The failure of State governments to adopt less restrictive alternatives to licensing, and less burdensome requirements in those areas where licensing is deemed necessary, has resulted in significant costs to consumers and the broader economy. ( In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( ( 3) Lawful occupation.--The term ``lawful occupation'' means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling the goods or services is subject to occupational licensing laws. ( ( 8) Occupational licensing board.--The term ``occupational licensing board'' or ``board'' means an entity established under State law-- (A) the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation; (B) that has authority conferred by State law to interpret or enforce the occupational licensing laws of the State; and (C) not less than \2/3\ of the members of which are appointed by an elected official of the State. ( ( 12) Registration.--The term ``registration'' means a requirement that an individual give notice to the government of a State that may include-- (A) the individual's name and address; (B) the individual's agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. ( ( c) Existing Entities or Procedures.--The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection (a) if the State governmental entity or procedure satisfies the applicable requirements under section 5 or 6. ( 2) Day-to-day supervision.-- (A) Establishment of office of supervision of occupational boards.--The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the ``Office'') to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). ( ( C) Review.--The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant's ability to-- (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation. ( (5) Periodic advisory review.-- (A) In general.--The State shall establish a mechanism for periodic non-binding review of existing occupational regulations, and non-binding review of new proposed occupational regulations, to ensure that the occupational regulations comply with the policy adopted under subsection (b). (

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( ( (10) Occupational regulation.--The term ``occupational regulation''-- (A) means a statute, rule, practice, policy, or other law that substantially burdens an individual's ability to work in a lawful occupation; (B) includes a regulation requiring registration, certification, or an occupational license; and (C) does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation. ( b) Requirement of Good Faith.--The immunity provided under subsection (a) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, unless the State acts in good faith to perform the applicable requirements under section 5 or 6. ( 3) Internal review.-- (A) Complaint.--The State shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the State may file a complaint with the Office about an occupational regulation of an occupational licensing board in the State that the person believes is inconsistent with the policy adopted under subsection (b). ( B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( ( ( ( 8) Occupational licensing board.--The term ``occupational licensing board'' or ``board'' means an entity established under State law-- (A) the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation; (B) that has authority conferred by State law to interpret or enforce the occupational licensing laws of the State; and (C) not less than \2/3\ of the members of which are appointed by an elected official of the State. ( ( 12) Registration.--The term ``registration'' means a requirement that an individual give notice to the government of a State that may include-- (A) the individual's name and address; (B) the individual's agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. ( ( ( 2) Day-to-day supervision.-- (A) Establishment of office of supervision of occupational boards.--The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the ``Office'') to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). ( ( C) Review.--The State shall establish a mechanism for review of a determination made by the Office under subparagraph (B), under which a complainant may appeal the determination to the general division of the trial court of the State if the challenged occupational regulation would substantially burden the complainant's ability to-- (i) engage in a lawful occupation; or (ii) employ or contract other individuals for the performance of a lawful occupation. ( (

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( ( (10) Occupational regulation.--The term ``occupational regulation''-- (A) means a statute, rule, practice, policy, or other law that substantially burdens an individual's ability to work in a lawful occupation; (B) includes a regulation requiring registration, certification, or an occupational license; and (C) does not include a business license, facility license, building permit, or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation. ( b) Requirement of Good Faith.--The immunity provided under subsection (a) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, unless the State acts in good faith to perform the applicable requirements under section 5 or 6. ( 3) Internal review.-- (A) Complaint.--The State shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the State may file a complaint with the Office about an occupational regulation of an occupational licensing board in the State that the person believes is inconsistent with the policy adopted under subsection (b). ( B) Office response.--Not later than 90 days after the date on which a person files a complaint under subparagraph (A), the Office shall-- (i) investigate the complaint; (ii) identify remedies and instruct the board to take action, where appropriate; and (iii) respond in writing to the complainant. (

To help States combat abuse of occupational licensing laws by economic incumbents, to promote competition, to encourage innovation, to protect consumers, and to facilitate the restoration of antitrust immunity to State occupational boards, and for other purposes. In this Act: (1) Certification.--The term ``certification'' means a voluntary program under which-- (A) a private organization (in the case of private certification) or the government of a State (in the case of government certification) authorizes an individual who meets certain personal qualifications to use ``certified'' as a designated title with respect to the performance of a lawful occupation; and (B) a non-certified individual may perform the lawful occupation for compensation but may not use the title ``certified''. ( ( ( ( ( ( 12) Registration.--The term ``registration'' means a requirement that an individual give notice to the government of a State that may include-- (A) the individual's name and address; (B) the individual's agent for service of process; (C) the location of the activity to be performed; and (D) a description of the service the individual provides. ( ( ( 2) Day-to-day supervision.-- (A) Establishment of office of supervision of occupational boards.--The State shall establish an Office of Supervision of Occupational Boards (referred to in this subsection as the ``Office'') to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection (b). ( (

Restoring Board Immunity Act of 2021 or the RBI Act This bill amends the Federal judicial code to require the Federal Trade Commission (FTC) to review and report to the Congress on whether a state's licensing boards are subject to antitrust liability under the antitrust laws. The FTC must report to Congress on the results of such review, including whether the state has enacted any laws that Amends the Sherman Act to provide that the immunity provided under this Act shall not apply to any action of an occupational licensing board of a State, or any board member, officer, or employee of such board acting in the official capacity, unless the State acts in good faith to perform the applicable requirements. (Sec. 4) This Act exempts occupational licensing boards and board members Requires the Office to: (1) review and explicitly approve or reject in writing any occupational regulation proposed by a board before the board may adopt or implement the regulation; (2) play a substantial role in the development of a board's rules and policies to ensure they benefit consumers and do not serve the private interests of providers of goods and services regulated by the board; (3) disapprove Amends the Federal criminal code to provide that immunity shall apply to any action of an occupational licensing board of a State, or any board member, officer, or employee acting in the official capacity of that board, if: (1) the actions of the board are authorized by a non-frivolous interpretation of the State's occupational licensing laws; (2) the

H.R.8048

Crime and Law Enforcement

Solitary Confinement Study and Reform Act of 2022 This bill establishes the National Solitary Confinement Study and Reform Commission to study the impact of solitary confinement on governments, communities, and social institutions. Additionally, the bill (1) directs the Department of Justice to publish national standards to reduce solitary confinement in correctional facilities; and (2) authorizes grants for community-based prevention and education programs, community-based mental health care, or community-based drug treatment or harm reduction.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Solitary Confinement Study and Reform Act of 2022''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) develop and implement national standards for the use of solitary confinement to ensure that it is used infrequently and only under extreme circumstances; (2) establish a more humane and constitutionally sound practice of segregated detention or solitary confinement in correctional facilities; (3) accelerate the development of best practices and make reforming solitary confinement a top priority in each correctional facility at the Federal and State levels; (4) increase the available data and information on the incidence of solitary confinement, consequently improving the management and administration of correctional facilities; (5) standardize the definitions used for collecting data on the incidence of solitary confinement; (6) increase the accountability of correctional facility officials who fail to design and implement humane and constitutionally sound solitary confinement practices; (7) protect the Eighth and Fourteenth Amendment rights of incarcerated individuals at correctional facilities; and (8) reduce the costs that solitary confinement imposes on interstate commerce. SEC. 3. NATIONAL SOLITARY CONFINEMENT STUDY AND REFORM COMMISSION. (a) Establishment.--There is established a commission to be known as the National Solitary Confinement Study and Reform Commission. (b) Members.-- (1) In general.--The Commission shall be composed of 9 members, of whom-- (A) 3 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives; (C) 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B)); (D) 2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and (E) 1 shall be appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)). (2) Persons eligible.--Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission. Not less than three members of the Commission shall be individuals who have been incarcerated or have had an incarcerated family member. (3) Consultation required.--The President, the Speaker, and the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall consult with one another prior to the appointment of the members of the Commission to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (4) Term.--Each member shall be appointed for the life of the Commission. (5) Time for initial appointments.--The appointment of the members shall be made not later than 180 days after the date of enactment of this Act. (6) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made, and shall be made not later than 60 days after the date on which the vacancy occurred. (c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. (2) Meetings.--The Commission shall meet at the call of the chairperson. The initial meeting of the Commission shall take place not later than 30 days after the initial appointment of the members is completed. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. (4) Rules.--The Commission may establish by majority vote any other rules for the conduct of Commission business, if such rules are not inconsistent with this Act or other applicable law. (d) Comprehensive Study of the Impacts of Solitary Confinement.-- (1) In general.--The Commission shall carry out a comprehensive legal and factual study of the penological, physical, mental, medical, social, fiscal, and economic impacts of solitary confinement in the United States on-- (A) Federal, State, and local governments; and (B) communities and social institutions generally, including individuals, families, and businesses within such communities and social institutions. (2) Matters included.--The study under paragraph (1) shall include-- (A) a review of existing Federal, State, and local government policies and practices with respect to the extent and duration of the use of solitary confinement; (B) an assessment of the relationship between solitary confinement and correctional facility conditions, and existing monitoring, regulatory, and enforcement practices; (C) an assessment of the characteristics of incarcerated individuals and juvenile detainees most likely to be referred to solitary confinement and the effectiveness of various types of treatment or programs to reduce such likelihood; (D) an assessment of the impacts of solitary confinement on individuals, families, social institutions, and the economy generally; (E) an identification of additional scientific and social science research needed on the prevalence of solitary confinement in correctional facilities as well as a full assessment of existing literature; (F) an assessment of the general relationship between solitary confinement and mental and physical illness; (G) an assessment of the relationship between solitary confinement and levels of training, supervision, and discipline of the staff of correctional facilities; and (H) an assessment of existing Federal and State systems for collecting and reporting the number and duration of solitary confinement incidents in correctional facilities nationwide. (3) Report.-- (A) Distribution.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to-- (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. (B) Contents.--The report under subparagraph (A) shall include-- (i) the findings and conclusions of the Commission; (ii) the recommended national standards for reducing the use of solitary confinement described in subsection (e); and (iii) a summary of the materials relied on by the Commission in the preparation of the report. (e) Recommendations.-- (1) In general.--As part of the report submitted under subsection (d)(3), the Commission shall provide the Attorney General and the Secretary of Health and Human Services with recommended national standards for significantly reducing the use of solitary confinement in correctional facilities. (2) Matters included.--The information provided under paragraph (1) shall include recommended national standards relating to-- (A) how authorities can progress toward significantly limiting the utilization of solitary confinement so that an incarcerated individual may be placed in solitary confinement only under extreme emergency circumstances, as a last resort, for as short a time as possible, subject to independent review, and pursuant to the authorization of a competent authority; (B) methods that can be employed to ensure that the duration of solitary confinement of an incarcerated individual at an institution can be limited to hours at a time for purposes of emergency de-escalation, except that if the head of a correctional facility makes an individualized determination that the incarcerated individual cannot be safely returned to the general population, the head of the correctional facility may continue to segregate the incarcerated individual from the general population without the use of solitary confinement, while ensuring that the incarcerated individual has access to the type and hours of out-of- cell congregate programming, activities, and engagement comparable to the general population, in accordance with best practices and model programs for improving people's well-being and reducing violence in youth and adult correctional settings, non-correctional settings, and other mental health settings, and in accordance with the United Nations Standard Minimum Rules on the Treatment of Prisoners; (C) ensuring that prior to being classified, assigned, or subject to long-term segregation, an incarcerated individual shall be entitled to a meaningful hearing on the reason for and duration of the confinement and have access to legal counsel for such hearings; (D) ensuring that indefinite sentencing of an incarcerated individual to long-term segregation will not be allowed and that the incarcerated individual will be afforded a meaningful review of the segregation at least once every 30 days that the incarcerated individual remains in segregation and that correctional facility officials must record and provide a transcript of the review proceedings for the incarcerated individual under review to the incarcerated individual or the incarcerated individual's designee; (E) ensuring that correctional facility officials design and implement programming that allows incarcerated individuals subject to long-term segregation to earn placement in less restrictive housing through positive behavior; (F) ensuring that protective custody and other custody designations designed to protect vulnerable incarcerated individuals, regardless of the reason for vulnerability, are not characterized by solitary confinement or other type of isolation conditions, and that incarcerated individuals placed in protective custody have access to programs, privileges, education, and work opportunities commensurate with general population incarcerated individuals to the extent possible; (G) ensuring that correctional facility officials improve access to mental health treatment for incarcerated individuals in solitary confinement; (H) ensuring that correctional facility officials do all that is feasible to make certain that incarcerated individuals are not held in solitary confinement for any duration; (I) ensuring that correctional facility officials develop alternative methods to manage issues with incarcerated individuals other than solitary confinement; (J) ensuring that correctional facility officers do all that is feasible to make certain that incarcerated individuals with mental health, physical, or cognitive disabilities are not held in solitary confinement for any duration; (K) ensuring that correctional facility officers do all that is feasible to make certain that pregnant and post-partum women are not held in solitary confinement for any duration; (L) ensuring that correctional facility officers work towards systems that limit the circumstances and conditions under which juveniles are placed in solitary confinement, in compliance with section 5043 of title 18, United States Code; (M) State and local governments making publicly available, on a monthly basis, information, disaggregated by the demographic characteristics of incarcerated individuals, on the use of solitary confinement, segregation, and any other form of restrictive housing in correctional facilities in the jurisdiction, including-- (i) the average daily number and percentage of incarcerated individuals in each placement; (ii) the total number of such placements; (iii) the reasons for such placements; (iv) the duration incarcerated individuals spent in each placement; (v) the duration of daily out-of-cell time and congregate programming for incarcerated individuals in each placement; and (vi) the number and percentage self-harm incidents, suicide attempts, suicides, and deaths broken down by cause, for incarcerated individuals in each placement; (N) ensuring that correctional facilities have in place an independent oversight processes related to the use of solitary confinement and segregation; and (O) such other matters as may reasonably be related to the goal of reducing solitary confinement in correctional facilities. (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. (f) Consultation With Accreditation Organizations.--In developing recommended national standards for the reduction of solitary confinement under subsection (e), the Commission shall consider any standards, laws, and policies that have already been developed, or are being developed simultaneously to the deliberations of the Commission. The Commission shall consult with accreditation organizations responsible for the accreditation of correctional facilities that have developed or are developing standards related to solitary confinement. The Commission shall also consult with national associations representing the corrections profession, the legal profession, the medical profession, people who are incarcerated, or any other pertinent professional body that has developed or is developing standards related to solitary confinement. (g) Hearings.-- (1) In general.--The Commission shall hold public hearings. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this section. (2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. (3) Virtual hearings permitted.--Hearings held under this subsection may be held virtually. (h) Information From Federal or State Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. (i) Personnel Matters.-- (1) Travel expenses.--The members 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 service for the Commission. (2) Detail of federal employees.--With the affirmative vote of \2/3\ of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. (3) Procurement of temporary and intermittent services.-- Upon the request of the Commission, the Attorney General shall provide reasonable and appropriate office space, supplies, and administrative assistance. (j) Contracts for Research.-- (1) National institute of justice.--With a \2/3\ affirmative vote, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out its duties under this Act. The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. (2) Other organizations.--Nothing in this subsection shall be construed to limit the ability of the Commission to enter into contracts with other entities or organizations for research necessary to carry out the duties of the Commission under this section. (k) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the reports required by this section. (l) Exemption.--The Commission shall be exempt from the Federal Advisory Committee Act. (m) Authorization of Appropriations.--There is authorized to be appropriated $500,000 for each of fiscal years 2023 and 2024. SEC. 4. ADOPTION AND EFFECT OF NATIONAL STANDARDS. (a) Publication of Standards.-- (1) Final rule.--Not later than one year after receiving the report specified in section (3)(d)(3), the Attorney General shall publish a final rule adopting national standards for the reduction of solitary confinement in correctional facilities. (2) Independent judgment.--The standards referred to in paragraph (1) shall be based upon the independent judgment of the Attorney General, after giving consideration to the recommended national standards provided by the Commission under section 3(e), and being informed by such data, opinions, and proposals that the Attorney General determines to be appropriate to consider. (3) Limitation.--The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal and State correctional systems. The Attorney General may, however, provide a list of improvements for consideration by correctional facilities. (4) Transmission to states.--Not later than 60 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. (b) Applicability to Federal Agencies.--Immediately upon adoption of the final rule under subsection (a)(1), the national standards referred to in subsection (a) shall apply to each Federal agency that detains or incarcerates individuals (including aliens), and to any entity with which a Federal agency has a contract for the detainment or incarceration of individuals. SEC. 5. GRANT PROGRAM FOR MENTAL HEALTH IN CORRECTIONAL FACILITIES. (a) Authorization.--Beginning in the first fiscal year that begins after the date on which the Attorney General issues the final rule under subsection (a)(1), the Attorney General is authorized to make grants to States for the purposes described in subsection (b). (b) Uses of Funds.--Grants under this section shall be used solely for purposes of community-based prevention and education programs, community-based mental health care, or community-based drug treatment or harm reduction, including for purposes of diversion from incarceration or release from incarceration. (c) Application.--The chief executive of a State seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. (d) Eligibility.--In order to be eligible for a grant under this section, a State shall be in compliance with the national standards for the reduction of solitary confinement in correctional facilities described in section 4(a)(1). (e) Allocation.--Of the total amount appropriated under this part in any fiscal year-- (1) 0.4 percent shall be allocated to each of the participating States; (2) 7 percent shall be reserved to provide technical assistance to States in complying with the national standards for the reduction of solitary confinement in correctional facilities described in section 4(a)(1); and (3) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the State correctional facility population of such State bears to the total correctional facility population of all the participating States. (f) Limitation.--Not more than 5 percent of grant funds received by a State may be used for administrative purposes. (g) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of fiscal years 2023 and 2024 to carry out this section. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (2) Commission.--The term ``Commission'' means the National Solitary Confinement Study and Reform Commission established under section 3 of this Act. (3) Long-term.--The term ``long-term'' means any period lasting more than 15 days in a 60-day period. (4) Solitary confinement.--The term ``solitary confinement'' means confinement of an incarcerated individual or juvenile detainee in a cell or other place, alone or with other persons, with severely restricted activity, movement, and social interaction. (5) Segregation.--The term ``segregation'' means housing of an incarcerated individual separate from the general population of a correctional facility. (6) Correctional facility.--The term ``correctional facility'' means a Federal, State, local, or privately run prison, jail, or juvenile detention facility. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. SEC. 7. RULE OF CONSTRUCTION RELATED TO BIVENS REMEDIES. Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy. <all>

Solitary Confinement Study and Reform Act of 2022

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes.

Solitary Confinement Study and Reform Act of 2022

Rep. Trone, David J.

D

MD

This bill establishes the National Solitary Confinement Study and Reform Commission to study the impact of solitary confinement on governments, communities, and social institutions. Additionally, the bill (1) directs the Department of Justice to publish national standards to reduce solitary confinement in correctional facilities; and (2) authorizes grants for community-based prevention and education programs, community-based mental health care, or community-based drug treatment or harm reduction.

SHORT TITLE. 2. 3. NATIONAL SOLITARY CONFINEMENT STUDY AND REFORM COMMISSION. (b) Members.-- (1) In general.--The Commission shall be composed of 9 members, of whom-- (A) 3 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives; (C) 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B)); (D) 2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and (E) 1 shall be appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)). Not less than three members of the Commission shall be individuals who have been incarcerated or have had an incarcerated family member. The initial meeting of the Commission shall take place not later than 30 days after the initial appointment of the members is completed. (3) Virtual hearings permitted.--Hearings held under this subsection may be held virtually. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. 4. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 5. GRANT PROGRAM FOR MENTAL HEALTH IN CORRECTIONAL FACILITIES. (b) Uses of Funds.--Grants under this section shall be used solely for purposes of community-based prevention and education programs, community-based mental health care, or community-based drug treatment or harm reduction, including for purposes of diversion from incarceration or release from incarceration. (g) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of fiscal years 2023 and 2024 to carry out this section. For purposes of this Act, the following definitions shall apply: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (5) Segregation.--The term ``segregation'' means housing of an incarcerated individual separate from the general population of a correctional facility. (6) Correctional facility.--The term ``correctional facility'' means a Federal, State, local, or privately run prison, jail, or juvenile detention facility. SEC. 7. RULE OF CONSTRUCTION RELATED TO BIVENS REMEDIES.

SHORT TITLE. 2. 3. NATIONAL SOLITARY CONFINEMENT STUDY AND REFORM COMMISSION. (b) Members.-- (1) In general.--The Commission shall be composed of 9 members, of whom-- (A) 3 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives; (C) 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B)); (D) 2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and (E) 1 shall be appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)). Not less than three members of the Commission shall be individuals who have been incarcerated or have had an incarcerated family member. The initial meeting of the Commission shall take place not later than 30 days after the initial appointment of the members is completed. (3) Virtual hearings permitted.--Hearings held under this subsection may be held virtually. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. 4. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 5. GRANT PROGRAM FOR MENTAL HEALTH IN CORRECTIONAL FACILITIES. (g) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of fiscal years 2023 and 2024 to carry out this section. For purposes of this Act, the following definitions shall apply: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (6) Correctional facility.--The term ``correctional facility'' means a Federal, State, local, or privately run prison, jail, or juvenile detention facility. SEC. 7. RULE OF CONSTRUCTION RELATED TO BIVENS REMEDIES.

SHORT TITLE. 2. 3. NATIONAL SOLITARY CONFINEMENT STUDY AND REFORM COMMISSION. (b) Members.-- (1) In general.--The Commission shall be composed of 9 members, of whom-- (A) 3 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives; (C) 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B)); (D) 2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and (E) 1 shall be appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)). Not less than three members of the Commission shall be individuals who have been incarcerated or have had an incarcerated family member. The initial meeting of the Commission shall take place not later than 30 days after the initial appointment of the members is completed. (2) Matters included.--The study under paragraph (1) shall include-- (A) a review of existing Federal, State, and local government policies and practices with respect to the extent and duration of the use of solitary confinement; (B) an assessment of the relationship between solitary confinement and correctional facility conditions, and existing monitoring, regulatory, and enforcement practices; (C) an assessment of the characteristics of incarcerated individuals and juvenile detainees most likely to be referred to solitary confinement and the effectiveness of various types of treatment or programs to reduce such likelihood; (D) an assessment of the impacts of solitary confinement on individuals, families, social institutions, and the economy generally; (E) an identification of additional scientific and social science research needed on the prevalence of solitary confinement in correctional facilities as well as a full assessment of existing literature; (F) an assessment of the general relationship between solitary confinement and mental and physical illness; (G) an assessment of the relationship between solitary confinement and levels of training, supervision, and discipline of the staff of correctional facilities; and (H) an assessment of existing Federal and State systems for collecting and reporting the number and duration of solitary confinement incidents in correctional facilities nationwide. (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. (2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. (3) Virtual hearings permitted.--Hearings held under this subsection may be held virtually. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. (k) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the reports required by this section. 4. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 5. GRANT PROGRAM FOR MENTAL HEALTH IN CORRECTIONAL FACILITIES. (b) Uses of Funds.--Grants under this section shall be used solely for purposes of community-based prevention and education programs, community-based mental health care, or community-based drug treatment or harm reduction, including for purposes of diversion from incarceration or release from incarceration. (g) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of fiscal years 2023 and 2024 to carry out this section. For purposes of this Act, the following definitions shall apply: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (5) Segregation.--The term ``segregation'' means housing of an incarcerated individual separate from the general population of a correctional facility. (6) Correctional facility.--The term ``correctional facility'' means a Federal, State, local, or privately run prison, jail, or juvenile detention facility. SEC. 7. RULE OF CONSTRUCTION RELATED TO BIVENS REMEDIES.

SHORT TITLE. 2. 3. NATIONAL SOLITARY CONFINEMENT STUDY AND REFORM COMMISSION. (b) Members.-- (1) In general.--The Commission shall be composed of 9 members, of whom-- (A) 3 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives; (C) 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B)); (D) 2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and (E) 1 shall be appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)). Not less than three members of the Commission shall be individuals who have been incarcerated or have had an incarcerated family member. The initial meeting of the Commission shall take place not later than 30 days after the initial appointment of the members is completed. (2) Matters included.--The study under paragraph (1) shall include-- (A) a review of existing Federal, State, and local government policies and practices with respect to the extent and duration of the use of solitary confinement; (B) an assessment of the relationship between solitary confinement and correctional facility conditions, and existing monitoring, regulatory, and enforcement practices; (C) an assessment of the characteristics of incarcerated individuals and juvenile detainees most likely to be referred to solitary confinement and the effectiveness of various types of treatment or programs to reduce such likelihood; (D) an assessment of the impacts of solitary confinement on individuals, families, social institutions, and the economy generally; (E) an identification of additional scientific and social science research needed on the prevalence of solitary confinement in correctional facilities as well as a full assessment of existing literature; (F) an assessment of the general relationship between solitary confinement and mental and physical illness; (G) an assessment of the relationship between solitary confinement and levels of training, supervision, and discipline of the staff of correctional facilities; and (H) an assessment of existing Federal and State systems for collecting and reporting the number and duration of solitary confinement incidents in correctional facilities nationwide. (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. The Commission shall also consult with national associations representing the corrections profession, the legal profession, the medical profession, people who are incarcerated, or any other pertinent professional body that has developed or is developing standards related to solitary confinement. (2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. (3) Virtual hearings permitted.--Hearings held under this subsection may be held virtually. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. (k) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the reports required by this section. 4. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 5. GRANT PROGRAM FOR MENTAL HEALTH IN CORRECTIONAL FACILITIES. (b) Uses of Funds.--Grants under this section shall be used solely for purposes of community-based prevention and education programs, community-based mental health care, or community-based drug treatment or harm reduction, including for purposes of diversion from incarceration or release from incarceration. (g) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for each of fiscal years 2023 and 2024 to carry out this section. For purposes of this Act, the following definitions shall apply: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (5) Segregation.--The term ``segregation'' means housing of an incarcerated individual separate from the general population of a correctional facility. (6) Correctional facility.--The term ``correctional facility'' means a Federal, State, local, or privately run prison, jail, or juvenile detention facility. SEC. 7. RULE OF CONSTRUCTION RELATED TO BIVENS REMEDIES.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. This Act may be cited as the ``Solitary Confinement Study and Reform Act of 2022''. 2) Persons eligible.--Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission. Not less than three members of the Commission shall be individuals who have been incarcerated or have had an incarcerated family member. (3) Consultation required.--The President, the Speaker, and the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall consult with one another prior to the appointment of the members of the Commission to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. ( c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( (4) Rules.--The Commission may establish by majority vote any other rules for the conduct of Commission business, if such rules are not inconsistent with this Act or other applicable law. ( d) Comprehensive Study of the Impacts of Solitary Confinement.-- (1) In general.--The Commission shall carry out a comprehensive legal and factual study of the penological, physical, mental, medical, social, fiscal, and economic impacts of solitary confinement in the United States on-- (A) Federal, State, and local governments; and (B) communities and social institutions generally, including individuals, families, and businesses within such communities and social institutions. (3) Report.-- (A) Distribution.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to-- (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. ( B) Contents.--The report under subparagraph (A) shall include-- (i) the findings and conclusions of the Commission; (ii) the recommended national standards for reducing the use of solitary confinement described in subsection (e); and (iii) a summary of the materials relied on by the Commission in the preparation of the report. ( (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( 2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. (3) Virtual hearings permitted.--Hearings held under this subsection may be held virtually. ( 2) Detail of federal employees.--With the affirmative vote of \2/3\ of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. ( The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. ( k) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the reports required by this section. ( (3) Limitation.--The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal and State correctional systems. 4) Transmission to states.--Not later than 60 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. ( (b) Uses of Funds.--Grants under this section shall be used solely for purposes of community-based prevention and education programs, community-based mental health care, or community-based drug treatment or harm reduction, including for purposes of diversion from incarceration or release from incarceration. ( c) Application.--The chief executive of a State seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. ( (f) Limitation.--Not more than 5 percent of grant funds received by a State may be used for administrative purposes. ( 2) Commission.--The term ``Commission'' means the National Solitary Confinement Study and Reform Commission established under section 3 of this Act. ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. This Act may be cited as the ``Solitary Confinement Study and Reform Act of 2022''. 2) Persons eligible.--Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission. 5) Time for initial appointments.--The appointment of the members shall be made not later than 180 days after the date of enactment of this Act. ( (c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( 3) Quorum.--A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. ( 3) Report.-- (A) Distribution.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to-- (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. ( B) Contents.--The report under subparagraph (A) shall include-- (i) the findings and conclusions of the Commission; (ii) the recommended national standards for reducing the use of solitary confinement described in subsection (e); and (iii) a summary of the materials relied on by the Commission in the preparation of the report. (e) Recommendations.-- (1) In general.--As part of the report submitted under subsection (d)(3), the Commission shall provide the Attorney General and the Secretary of Health and Human Services with recommended national standards for significantly reducing the use of solitary confinement in correctional facilities. (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( f) Consultation With Accreditation Organizations.--In developing recommended national standards for the reduction of solitary confinement under subsection (e), the Commission shall consider any standards, laws, and policies that have already been developed, or are being developed simultaneously to the deliberations of the Commission. g) Hearings.-- (1) In general.--The Commission shall hold public hearings. (2) Detail of federal employees.--With the affirmative vote of \2/3\ of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. ( The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. ( a) Publication of Standards.-- (1) Final rule.--Not later than one year after receiving the report specified in section (3)(d)(3), the Attorney General shall publish a final rule adopting national standards for the reduction of solitary confinement in correctional facilities. ( (3) Limitation.--The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal and State correctional systems. 4) Transmission to states.--Not later than 60 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. ( f) Limitation.--Not more than 5 percent of grant funds received by a State may be used for administrative purposes. ( 2) Commission.--The term ``Commission'' means the National Solitary Confinement Study and Reform Commission established under section 3 of this Act. ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. This Act may be cited as the ``Solitary Confinement Study and Reform Act of 2022''. 2) Persons eligible.--Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission. 5) Time for initial appointments.--The appointment of the members shall be made not later than 180 days after the date of enactment of this Act. ( (c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( 3) Quorum.--A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. ( 3) Report.-- (A) Distribution.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to-- (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. ( B) Contents.--The report under subparagraph (A) shall include-- (i) the findings and conclusions of the Commission; (ii) the recommended national standards for reducing the use of solitary confinement described in subsection (e); and (iii) a summary of the materials relied on by the Commission in the preparation of the report. (e) Recommendations.-- (1) In general.--As part of the report submitted under subsection (d)(3), the Commission shall provide the Attorney General and the Secretary of Health and Human Services with recommended national standards for significantly reducing the use of solitary confinement in correctional facilities. (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( f) Consultation With Accreditation Organizations.--In developing recommended national standards for the reduction of solitary confinement under subsection (e), the Commission shall consider any standards, laws, and policies that have already been developed, or are being developed simultaneously to the deliberations of the Commission. g) Hearings.-- (1) In general.--The Commission shall hold public hearings. (2) Detail of federal employees.--With the affirmative vote of \2/3\ of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. ( The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. ( a) Publication of Standards.-- (1) Final rule.--Not later than one year after receiving the report specified in section (3)(d)(3), the Attorney General shall publish a final rule adopting national standards for the reduction of solitary confinement in correctional facilities. ( (3) Limitation.--The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal and State correctional systems. 4) Transmission to states.--Not later than 60 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. ( f) Limitation.--Not more than 5 percent of grant funds received by a State may be used for administrative purposes. ( 2) Commission.--The term ``Commission'' means the National Solitary Confinement Study and Reform Commission established under section 3 of this Act. ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. This Act may be cited as the ``Solitary Confinement Study and Reform Act of 2022''. 2) Persons eligible.--Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission. Not less than three members of the Commission shall be individuals who have been incarcerated or have had an incarcerated family member. (3) Consultation required.--The President, the Speaker, and the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall consult with one another prior to the appointment of the members of the Commission to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. ( c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( (4) Rules.--The Commission may establish by majority vote any other rules for the conduct of Commission business, if such rules are not inconsistent with this Act or other applicable law. ( d) Comprehensive Study of the Impacts of Solitary Confinement.-- (1) In general.--The Commission shall carry out a comprehensive legal and factual study of the penological, physical, mental, medical, social, fiscal, and economic impacts of solitary confinement in the United States on-- (A) Federal, State, and local governments; and (B) communities and social institutions generally, including individuals, families, and businesses within such communities and social institutions. (3) Report.-- (A) Distribution.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to-- (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. ( B) Contents.--The report under subparagraph (A) shall include-- (i) the findings and conclusions of the Commission; (ii) the recommended national standards for reducing the use of solitary confinement described in subsection (e); and (iii) a summary of the materials relied on by the Commission in the preparation of the report. ( (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( 2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. (3) Virtual hearings permitted.--Hearings held under this subsection may be held virtually. ( 2) Detail of federal employees.--With the affirmative vote of \2/3\ of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. ( The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. ( k) Termination.--The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the reports required by this section. ( (3) Limitation.--The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal and State correctional systems. 4) Transmission to states.--Not later than 60 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. ( (b) Uses of Funds.--Grants under this section shall be used solely for purposes of community-based prevention and education programs, community-based mental health care, or community-based drug treatment or harm reduction, including for purposes of diversion from incarceration or release from incarceration. ( c) Application.--The chief executive of a State seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. ( (f) Limitation.--Not more than 5 percent of grant funds received by a State may be used for administrative purposes. ( 2) Commission.--The term ``Commission'' means the National Solitary Confinement Study and Reform Commission established under section 3 of this Act. ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( 2) Detail of federal employees.--With the affirmative vote of \2/3\ of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. ( ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( ( ( d) Comprehensive Study of the Impacts of Solitary Confinement.-- (1) In general.--The Commission shall carry out a comprehensive legal and factual study of the penological, physical, mental, medical, social, fiscal, and economic impacts of solitary confinement in the United States on-- (A) Federal, State, and local governments; and (B) communities and social institutions generally, including individuals, families, and businesses within such communities and social institutions. ( 3) Report.-- (A) Distribution.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to-- (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. ( ( (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( 2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. ( 4) Transmission to states.--Not later than 60 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. ( ( c) Application.--The chief executive of a State seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. ( ( ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( 2) Detail of federal employees.--With the affirmative vote of \2/3\ of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. ( ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( ( ( d) Comprehensive Study of the Impacts of Solitary Confinement.-- (1) In general.--The Commission shall carry out a comprehensive legal and factual study of the penological, physical, mental, medical, social, fiscal, and economic impacts of solitary confinement in the United States on-- (A) Federal, State, and local governments; and (B) communities and social institutions generally, including individuals, families, and businesses within such communities and social institutions. ( 3) Report.-- (A) Distribution.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to-- (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. ( ( (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( 2) Witness expenses.--Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. ( 4) Transmission to states.--Not later than 60 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. ( ( c) Application.--The chief executive of a State seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. ( ( ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. c) Operation.-- (1) Chairperson.--Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. ( (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( 2) Detail of federal employees.--With the affirmative vote of \2/3\ of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. ( ( Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U.S. 825 (1994), Congress recognizes that people in prison and detention may bring a Bivens action to seek damages for violations of their Constitutional rights in prison, and nothing in this Act may be construed to limit that remedy.

To develop and implement national standards for the use of solitary confinement in correctional facilities, and for other purposes. 3) Report.-- (A) Distribution.--Not later than one year after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to-- (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. ( ( (3) Limitation.--The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by correctional facilities, and shall seek to propose standards that reduce the costs of incarceration at such facilities. ( 4) Transmission to states.--Not later than 60 days after publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more correctional facilities. ( (

Solitary Confinement Study and Reform Act of 2022 - Establishes the National Solitary Confinement Studies and Reform Commission to: (1) develop and implement national standards for the use of solitary confinement to ensure that it is used infrequently and only under extreme circumstances; (2) establish a more humane and constitutionally sound practice of segregated detention or solitary confinement in correctional facilities; ( Directs the Commission to: (1) review existing Federal, State, and local government policies and practices with respect to the extent and duration of the use of solitary confinement; (2) assess the relationship between solitary confinement and correctional facility conditions, and existing monitoring, regulatory, and enforcement practices; (3) identify the characteristics of incarcerated individuals and juvenile detainees most likely to be referred to Authorizes the Commission to: (1) report to Congress on the use of solitary confinement in correctional facilities; and (2) make recommendations to the Secretary of Health and Human Services regarding the establishment of a national standard for the use and use of such confinement. Authorizes appropriations for FY2023 and 2024 for the grant program for mental health in correctional facilities. (Sec. 4) Requires the Attorney General to publish a final rule adopting national standards for the reduction of solitary confinement in correctional institutions within one year after receiving the Commission's report on the use of such confinement. Requires such standards to apply to each federal agency that detains or incarcerates This bill establishes a rule of construction relating to the construction of a prison, jail, or juvenile detention facility for solitary confinement. Consistent with the Supreme Court's decisions in Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. Brennan, 511 U. S. 825 (1994), Congress recognizes that people in prison and detention may

S.1165

Labor and Employment

Cultivating Opportunity and Recovery from the Pandemic through Service Act or the CORPS Act This bill expands and modifies the administration of national service programs, including the National Senior Corps, to address the COVID-19 pandemic and its recovery period (i.e., through FY2024). The bill also (1) revises certain living allowances of particular national service corps participants; (2) expands the Senior Service Corps; (3) establishes a COVID-19 educational award; (4) implements a pilot program under which state commissions may directly place individuals in approved national service positions; and (5) excludes from gross income, for income tax purposes, any living allowance provided to national public service participants and any national service educational award.

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cultivating Opportunity and Recovery from the Pandemic through Service Act'' or the ``CORPS Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has a strong history of citizen response to national calls to service in order to help the Nation recover in times of crisis. (2) More than 80 years ago, the Nation rose to the challenge of the Great Depression with the creation of citizen service programs like the Civilian Conservation Corps (referred to in this section as the ``CCC'') and the Works Progress Administration (referred to in this section as the ``WPA''). (3) Millions of participants benefitted from paid employment and opportunities to develop their skills while constructing national parks and public lands infrastructure and producing cultural works still enjoyed today. (4) Following decades of evolution, incorporating policies of both political parties, today's national service programs carry on the legacy of the CCC and WPA. (5) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. (6) National service programs provide public health, education, employment training, and nutrition services for which the Nation has a critical need in the current crisis. (7) The signature programs of the Corporation for National and Community Service, which are the AmeriCorps State and National, AmeriCorps National Civilian Community Corps, AmeriCorps Volunteers in Service to America (referred to in this Act as ``VISTA''), and National Senior Service Corps programs, can and should be expanded to meet current needs. (8) The novel coronavirus pandemic has infected and killed individuals in every State and territory, causing more than 31,000,000 cases and 560,000 deaths so far. (9) In response, States, Tribal governments, and cities across the country have closed down businesses, schools, and public events, leading to dramatic swings in the economy. (10) Millions of people in the United States have filed for unemployment benefits since the start of the pandemic, with unemployment rates peaking at an unprecedented level. (11) More than 1 in every 10 adults in the United States has applied for unemployment insurance since the crisis began. (12) The pandemic and the associated economic consequences have disproportionately impacted people of color across many States. (13) To recover, the Nation needs meaningful employment opportunities, as well as a significant expansion of the human capital working to address community needs around public health, behavioral health, hunger, education, and conservation. (14) Experience has demonstrated the centrality of community participation in pandemic response, to overcome stigma and structural barriers and meet the full needs of all members of a diverse community. (15) As the Nation works to respond to and recover from the current twin challenges of a public health pandemic and an economic crisis, national service presents a unique opportunity for flexible, locally driven responses to meet State and local employment and recovery needs. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide for annual growth in the number of participants, over 3 years, in national service programs that will provide services in response to the pandemic and economic crisis; (2) to ensure that participant allowances cover the reasonable cost of participation and provide participants with economic and educational opportunity; (3) to stabilize such national service programs during economic crisis, including by supporting adaptations to service models in light of the crisis; and (4) to support opportunities for all individuals in the United States to engage in service, including through the recruitment of increasingly diverse and representative participants. SEC. 4. DEFINITIONS. In this Act: (1) National and community service act definitions.--The terms ``approved national service position'', ``Corporation'', ``disadvantaged youth'', ``national service laws'', ``participant'', ``service sponsor'', and ``State Commission'' have the meanings given such terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (2) COVID-19 emergency recovery period.--The term ``COVID- 19 emergency recovery period'' means the period beginning on the date of enactment of this Act and ending at the end of fiscal year 2024. (3) High-poverty area.--The term ``high-poverty area'' means a census tract defined as high-poverty by the Bureau of the Census. SEC. 5. ECONOMIC EQUITY AND OPPORTUNITY. (a) Living Allowance.-- (1) In general.--Notwithstanding section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) and section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594), during the COVID-19 emergency recovery period, the minimum subsistence or living allowance for an individual under section 105 of the Domestic Volunteer Service Act of 1973 and section 140 of the National and Community Service Act of 1990 shall, subject to paragraph (3), be an amount equal to 175 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) for a single individual as expected for each fiscal year. (2) Grants for living allowance increases.--Notwithstanding the limits described in subsections (a) and (e) of section 189 of the National and Community Service Act of 1990 (42 U.S.C. 12645c) or any other limitation imposed by the Corporation, during the COVID-19 emergency recovery period, the Corporation shall, for purposes of paragraph (1), award supplemental grant funds to entities operating a program receiving grant funds under the national service laws (referred to in this paragraph as ``grantees''), including continuing grantees, to-- (A) increase the minimum subsistence or living allowance provided under section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) or section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594); and (B) cover additional costs associated with the increase to the minimum subsistence or living allowance required under paragraph (1). (3) Limitation.-- (A) In general.--Subject to subparagraph (B), a stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4955) or an allowance under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594) shall not be increased by this Act unless the funds appropriated for carrying out part A of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or subtitle C of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.), respectively, are sufficient to maintain, for the fiscal year involved, a number of participants to serve under that part A or that subtitle C, respectively, that is at least equal to the number of such participants so serving during the fiscal year preceding such fiscal year involved. (B) Adjustment for insufficient appropriations.--In the event that sufficient appropriations for any fiscal year are not available to increase any stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 or allowance under section 140 of the National and Community Service Act of 1990 to the minimum amount specified under paragraph (1), the Corporation shall increase the stipend or allowance involved to such amount as appropriations for such year permit consistent with subparagraph (A). (b) Concurrent COVID-19 Educational Award.-- (1) In general.--The Corporation shall award to any individual who successfully completes a term of service resulting in an educational award under section 147 of the National and Community Service Act (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). (2) Amount of award.--The concurrent COVID-19 educational award awarded under this subsection shall be in an amount which bears the same proportion to the full amount of the education award the individual received under section 147 of such Act as the length of time of the term of service of such individual that occurs within the COVID-19 emergency recovery period bears to the total length of time of the term of service of such individual. (c) National Senior Service Corps.--Notwithstanding section 201, subsections (d) and (e) of section 211, and section 213(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001, 5011, 5013(a)), to address the critical needs of local communities across the United States, during the COVID-19 pandemic emergency recovery period-- (1) individuals age 45 or older may be enrolled as volunteers to provide services under part A of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001); and (2) for purposes of parts B and C of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5002, 5003), the terms ``low-income person'' and ``person of low income'' mean a person whose income is not more than 400 percent of the poverty line defined in section 673(2) of the Community Services Block Grant (42 U.S.C. 9902(2)) and adjusted by the Director of the Retired and Senior Volunteer and Foster Grandparent programs in the manner described in such parts. (d) Tax Provisions.-- (1) Income tax exclusion for living allowance.-- (A) In general.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 139J. LIVING ALLOWANCE FOR NATIONAL SERVICE PARTICIPANTS. ``Gross income does not include the amount of any living allowance provided under section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) or section 140(a) or 158(b) of the National and Community Service Act of 1990 (42 U.S.C. 12594(a), 12618(b)).''. (B) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. Living allowance for national service participants.''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years beginning after the date of the enactment of this Act. (2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. (B) Exclusion of discharge of student loan debt.-- Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: ``(6) Payments under national service educational award programs.--In the case of an individual, gross income shall not include any amount received as a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years ending after the date of the enactment of this Act. SEC. 6. SUPPORTING EXPANSION. (a) Grants and Pilot Program.-- (1) Priority.--The Corporation, in awarding grants under paragraph (2), and State Commissions, in directly placing individuals in approved national service positions under paragraph (3), shall-- (A) give priority to-- (i) entities serving communities-- (I) disproportionately impacted by COVID-19; (II) using culturally competent and multilingual strategies in the provision of services; and (III) with proposals for activities directly related to recovery from the COVID-19 public health emergency and the attendant economic and social consequences of such public health emergency, such as-- (aa) work that furthers the capacity of nonprofit and community-based organizations to respond to the immediate needs of individuals affected by COVID-19; (bb) services that support economic opportunity; (cc) educational activities, including enrichment and adult education and literacy activities; (dd) services to address housing and food insecurity; and (ee) jobs for youth in preserving and restoring nature, including ensuring environmental resiliency; and (ii) community-based organizations located in rural or high-poverty areas, or community- based organizations that serve Tribal communities, with greater priority for community-based organizations that propose recruiting applicants for positions to serve in the same metropolitan or micropolitan statistical area or county as the area or county in which such applicants attended a secondary school or institution of higher education; and (B) take into account the diversity of communities and participants served by entities seeking funding under this Act, including racial, ethnic, socioeconomic, linguistic, or geographic diversity. (2) Augmentation and expansion grants.--Notwithstanding any other provision of law, during the COVID-19 emergency recovery period, the Corporation may award noncompetitive augmentation grants to meet the compelling needs of grantees or subgrantees and expansion grants under the national service laws, at such time and in such manner and from such funds as the Corporation determines appropriate. (3) Pilot program.-- (A) In general.-- (i) Establishment.--Notwithstanding section 178(h) of the National and Community Service Act of 1990 (42 U.S.C. 12638(h)), during the COVID-19 emergency recovery period, the Corporation shall implement a pilot program under section 121 and 122 of such Act allowing State Commissions to directly place individuals in approved national service positions. (ii) Application and review process.-- Notwithstanding any other provision of law, the Corporation may establish the time, place, and manner of the application and review process for the pilot program established under this paragraph. (B) Priorities.--In addition to the priorities under paragraph (1), State Commissions participating in the pilot program shall, to the extent practicable, prioritize the placement of individuals in national service programs carried out by entities that have not previously been service sponsors for participants. (C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. (b) Flexibility During the COVID-19 Emergency Recovery Period.-- (1) Match waiver.--Notwithstanding any other provision of law, an entity (including a State Commission and an entity receiving subgrant funds) that receives assistance from the Corporation for any program under the national service laws, including under sections 5(a)(2) and 6(a)(2), during the COVID- 19 emergency recovery period shall not be subject to any requirements to provide matching funds for any such program, and the Federal share of such assistance for a recipient (including for a State Commission and a subgrant recipient) may be 100 percent. (2) VISTA limitation applicability.--Notwithstanding subsections (a) and (b) of section 108 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958), during the COVID-19 emergency recovery period, in order to address the needs of underserved communities related to the COVID-19 pandemic, of funds appropriated for the purposes of part A of title I of such Act (42 U.S.C. 4951 et seq.) under section 501 of such Act (42 U.S.C. 5081), not more than 75 percent may be obligated for the direct cost of supporting volunteers in programs and projects (including new programs and projects that begin after the date of enactment of this Act) carried out pursuant to part A of title I of such Act, and such funds may be obligated regardless of when grant recipients commenced such programs and projects. (3) Seasonal program.--Notwithstanding sections 152(b)(2) and 154 of the National and Community Service Act of 1990 (42 U.S.C. 12612(b)(2), 12614), during the COVID-19 emergency recovery period, members of the National Civilian Community Corps established under subtitle E of title I of such Act (42 U.S.C. 12611 et seq.) may receive training and perform service in a seasonal national service program established under section 154 of such Act (42 U.S.C. 12614) with service lasting for a period of not less than 3 months and not more than 6 months, as specified by the Director appointed pursuant to section 159(c)(1) of such Act (42 U.S.C. 12619(c)(1)). (4) Increase in limitation on total grant amount for educational award only program during covid-19 emergency recovery period.--Notwithstanding the limit described in section 129A(b) of the National and Community Service Act of 1990 (42 U.S.C. 12581a(b)), during the COVID-19 emergency recovery period, the Corporation may provide operational support under section 129A of such Act for a program in an amount that is not more than $1,600 per individual enrolled and serving in an approved national service position, or not more than $2,000 per such individual if at least 50 percent of the persons enrolled and serving in the program are disadvantaged youth. (5) No summer limitation.-- (A) Enrollment.--Notwithstanding any other provision of part A of title I of the Domestic Volunteer Service Act (42 U.S.C. 4951 et seq.), during the COVID-19 emergency recovery period, the Director of the VISTA program may enroll full-time VISTA associates in a program, during any months of the year, under such terms and conditions as such Director shall determine to be appropriate. Such individuals shall be assigned to projects that address the needs of underserved communities impacted by the COVID-19 public health emergency. (B) Reports.--In preparing reports relating to programs under the Domestic Volunteer Service Act (42 U.S.C. 4950 et seq.), the Director of the VISTA program shall report on participants, costs, and accomplishments under the program under this subsection separately. (C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. (c) Report.--Not later than 90 days after the enactment of this Act, the Chief Executive Officer of the Corporation for National and Community Service shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives containing recommendations on-- (1) how to improve grant programs related to the national service laws, including those under subtitle C of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.), such as any recommended changes to-- (A) the requirements of section 121(e) such Act and section 2521.60 of title 45, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act); and (B) the fixed-amount grants awarded under section 129(l) of such Act (42 U.S.C. 12581(l)), including improvements to account for start-of-year costs and to ensure robust member benefits and the long-term strength and viability of such program; (2) whether a new unit within the Corporation for National and Community Service should be established to provide additional assistance or manage the enrollment process to ensure compliance with sections 189D and 199I of such Act (42 U.S.C. 12645g; 12655i) for incoming participants in national service programs, particularly new national service programs receiving program assistance for the first time; and (3) actions to maximize flexibility for State Commissions that would strengthen the work of State Commissions and their grantees. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. In addition to any amounts appropriated to carry out activities or programs under the national service laws (including under the American Rescue Plan Act of 2021 (Public Law 117-2)), there is authorized to be appropriated to carry out this Act $8,000,000,000 for fiscal year 2021, which shall remain available to be expended through fiscal year 2024. <all>

CORPS Act

A bill to amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes.

CORPS Act Cultivating Opportunity and Recovery from the Pandemic through Service Act

Sen. Coons, Christopher A.

D

DE

This bill expands and modifies the administration of national service programs, including the National Senior Corps, to address the COVID-19 pandemic and its recovery period (i.e., through FY2024). The bill also (1) revises certain living allowances of particular national service corps participants; (2) expands the Senior Service Corps; (3) establishes a COVID-19 educational award; (4) implements a pilot program under which state commissions may directly place individuals in approved national service positions; and (5) excludes from gross income, for income tax purposes, any living allowance provided to national public service participants and any national service educational award.

SHORT TITLE. 2. (5) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. (6) National service programs provide public health, education, employment training, and nutrition services for which the Nation has a critical need in the current crisis. (8) The novel coronavirus pandemic has infected and killed individuals in every State and territory, causing more than 31,000,000 cases and 560,000 deaths so far. 3. PURPOSES. 4. DEFINITIONS. (2) COVID-19 emergency recovery period.--The term ``COVID- 19 emergency recovery period'' means the period beginning on the date of enactment of this Act and ending at the end of fiscal year 2024. (3) High-poverty area.--The term ``high-poverty area'' means a census tract defined as high-poverty by the Bureau of the Census. ECONOMIC EQUITY AND OPPORTUNITY. (a) Living Allowance.-- (1) In general.--Notwithstanding section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 12594); and (B) cover additional costs associated with the increase to the minimum subsistence or living allowance required under paragraph (1). or subtitle C of the National and Community Service Act of 1990 (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). 5002, 5003), the terms ``low-income person'' and ``person of low income'' mean a person whose income is not more than 400 percent of the poverty line defined in section 673(2) of the Community Services Block Grant (42 U.S.C. (B) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. 6. (2) Augmentation and expansion grants.--Notwithstanding any other provision of law, during the COVID-19 emergency recovery period, the Corporation may award noncompetitive augmentation grants to meet the compelling needs of grantees or subgrantees and expansion grants under the national service laws, at such time and in such manner and from such funds as the Corporation determines appropriate. (ii) Application and review process.-- Notwithstanding any other provision of law, the Corporation may establish the time, place, and manner of the application and review process for the pilot program established under this paragraph. 4951 et seq.) ), the Director of the VISTA program shall report on participants, costs, and accomplishments under the program under this subsection separately. 4958), shall not apply to the program under this subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. 2. (5) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. (6) National service programs provide public health, education, employment training, and nutrition services for which the Nation has a critical need in the current crisis. (8) The novel coronavirus pandemic has infected and killed individuals in every State and territory, causing more than 31,000,000 cases and 560,000 deaths so far. 3. PURPOSES. 4. DEFINITIONS. (2) COVID-19 emergency recovery period.--The term ``COVID- 19 emergency recovery period'' means the period beginning on the date of enactment of this Act and ending at the end of fiscal year 2024. (3) High-poverty area.--The term ``high-poverty area'' means a census tract defined as high-poverty by the Bureau of the Census. ECONOMIC EQUITY AND OPPORTUNITY. (a) Living Allowance.-- (1) In general.--Notwithstanding section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. or subtitle C of the National and Community Service Act of 1990 (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). (B) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. 6. (2) Augmentation and expansion grants.--Notwithstanding any other provision of law, during the COVID-19 emergency recovery period, the Corporation may award noncompetitive augmentation grants to meet the compelling needs of grantees or subgrantees and expansion grants under the national service laws, at such time and in such manner and from such funds as the Corporation determines appropriate. 4951 et seq.) ), the Director of the VISTA program shall report on participants, costs, and accomplishments under the program under this subsection separately. 4958), shall not apply to the program under this subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. 2. (2) More than 80 years ago, the Nation rose to the challenge of the Great Depression with the creation of citizen service programs like the Civilian Conservation Corps (referred to in this section as the ``CCC'') and the Works Progress Administration (referred to in this section as the ``WPA''). (5) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. (6) National service programs provide public health, education, employment training, and nutrition services for which the Nation has a critical need in the current crisis. (8) The novel coronavirus pandemic has infected and killed individuals in every State and territory, causing more than 31,000,000 cases and 560,000 deaths so far. (10) Millions of people in the United States have filed for unemployment benefits since the start of the pandemic, with unemployment rates peaking at an unprecedented level. (14) Experience has demonstrated the centrality of community participation in pandemic response, to overcome stigma and structural barriers and meet the full needs of all members of a diverse community. 3. PURPOSES. 4. DEFINITIONS. (2) COVID-19 emergency recovery period.--The term ``COVID- 19 emergency recovery period'' means the period beginning on the date of enactment of this Act and ending at the end of fiscal year 2024. (3) High-poverty area.--The term ``high-poverty area'' means a census tract defined as high-poverty by the Bureau of the Census. ECONOMIC EQUITY AND OPPORTUNITY. (a) Living Allowance.-- (1) In general.--Notwithstanding section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 12594); and (B) cover additional costs associated with the increase to the minimum subsistence or living allowance required under paragraph (1). or subtitle C of the National and Community Service Act of 1990 (42 U.S.C. ), respectively, are sufficient to maintain, for the fiscal year involved, a number of participants to serve under that part A or that subtitle C, respectively, that is at least equal to the number of such participants so serving during the fiscal year preceding such fiscal year involved. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). 5002, 5003), the terms ``low-income person'' and ``person of low income'' mean a person whose income is not more than 400 percent of the poverty line defined in section 673(2) of the Community Services Block Grant (42 U.S.C. (B) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. 6. (2) Augmentation and expansion grants.--Notwithstanding any other provision of law, during the COVID-19 emergency recovery period, the Corporation may award noncompetitive augmentation grants to meet the compelling needs of grantees or subgrantees and expansion grants under the national service laws, at such time and in such manner and from such funds as the Corporation determines appropriate. (ii) Application and review process.-- Notwithstanding any other provision of law, the Corporation may establish the time, place, and manner of the application and review process for the pilot program established under this paragraph. (b) Flexibility During the COVID-19 Emergency Recovery Period.-- (1) Match waiver.--Notwithstanding any other provision of law, an entity (including a State Commission and an entity receiving subgrant funds) that receives assistance from the Corporation for any program under the national service laws, including under sections 5(a)(2) and 6(a)(2), during the COVID- 19 emergency recovery period shall not be subject to any requirements to provide matching funds for any such program, and the Federal share of such assistance for a recipient (including for a State Commission and a subgrant recipient) may be 100 percent. 4951 et seq.) ), the Director of the VISTA program shall report on participants, costs, and accomplishments under the program under this subsection separately. (C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (2) More than 80 years ago, the Nation rose to the challenge of the Great Depression with the creation of citizen service programs like the Civilian Conservation Corps (referred to in this section as the ``CCC'') and the Works Progress Administration (referred to in this section as the ``WPA''). (5) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. (6) National service programs provide public health, education, employment training, and nutrition services for which the Nation has a critical need in the current crisis. (8) The novel coronavirus pandemic has infected and killed individuals in every State and territory, causing more than 31,000,000 cases and 560,000 deaths so far. (10) Millions of people in the United States have filed for unemployment benefits since the start of the pandemic, with unemployment rates peaking at an unprecedented level. (14) Experience has demonstrated the centrality of community participation in pandemic response, to overcome stigma and structural barriers and meet the full needs of all members of a diverse community. 3. PURPOSES. 4. DEFINITIONS. 12511). (2) COVID-19 emergency recovery period.--The term ``COVID- 19 emergency recovery period'' means the period beginning on the date of enactment of this Act and ending at the end of fiscal year 2024. (3) High-poverty area.--The term ``high-poverty area'' means a census tract defined as high-poverty by the Bureau of the Census. ECONOMIC EQUITY AND OPPORTUNITY. (a) Living Allowance.-- (1) In general.--Notwithstanding section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 12594); and (B) cover additional costs associated with the increase to the minimum subsistence or living allowance required under paragraph (1). or subtitle C of the National and Community Service Act of 1990 (42 U.S.C. ), respectively, are sufficient to maintain, for the fiscal year involved, a number of participants to serve under that part A or that subtitle C, respectively, that is at least equal to the number of such participants so serving during the fiscal year preceding such fiscal year involved. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). 5002, 5003), the terms ``low-income person'' and ``person of low income'' mean a person whose income is not more than 400 percent of the poverty line defined in section 673(2) of the Community Services Block Grant (42 U.S.C. (B) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139I the following new item: ``Sec. 139J. 12601 et seq.).''. 6. (2) Augmentation and expansion grants.--Notwithstanding any other provision of law, during the COVID-19 emergency recovery period, the Corporation may award noncompetitive augmentation grants to meet the compelling needs of grantees or subgrantees and expansion grants under the national service laws, at such time and in such manner and from such funds as the Corporation determines appropriate. (ii) Application and review process.-- Notwithstanding any other provision of law, the Corporation may establish the time, place, and manner of the application and review process for the pilot program established under this paragraph. (b) Flexibility During the COVID-19 Emergency Recovery Period.-- (1) Match waiver.--Notwithstanding any other provision of law, an entity (including a State Commission and an entity receiving subgrant funds) that receives assistance from the Corporation for any program under the national service laws, including under sections 5(a)(2) and 6(a)(2), during the COVID- 19 emergency recovery period shall not be subject to any requirements to provide matching funds for any such program, and the Federal share of such assistance for a recipient (including for a State Commission and a subgrant recipient) may be 100 percent. 4951 et seq.) Such individuals shall be assigned to projects that address the needs of underserved communities impacted by the COVID-19 public health emergency. ), the Director of the VISTA program shall report on participants, costs, and accomplishments under the program under this subsection separately. (C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. 2) More than 80 years ago, the Nation rose to the challenge of the Great Depression with the creation of citizen service programs like the Civilian Conservation Corps (referred to in this section as the ``CCC'') and the Works Progress Administration (referred to in this section as the ``WPA''). ( (5) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. ( 10) Millions of people in the United States have filed for unemployment benefits since the start of the pandemic, with unemployment rates peaking at an unprecedented level. ( (13) To recover, the Nation needs meaningful employment opportunities, as well as a significant expansion of the human capital working to address community needs around public health, behavioral health, hunger, education, and conservation. ( 14) Experience has demonstrated the centrality of community participation in pandemic response, to overcome stigma and structural barriers and meet the full needs of all members of a diverse community. ( In this Act: (1) National and community service act definitions.--The terms ``approved national service position'', ``Corporation'', ``disadvantaged youth'', ``national service laws'', ``participant'', ``service sponsor'', and ``State Commission'' have the meanings given such terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). ( 2) COVID-19 emergency recovery period.--The term ``COVID- 19 emergency recovery period'' means the period beginning on the date of enactment of this Act and ending at the end of fiscal year 2024. ( 3) Limitation.-- (A) In general.--Subject to subparagraph (B), a stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4955) or an allowance under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594) shall not be increased by this Act unless the funds appropriated for carrying out part A of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) or subtitle C of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq. ), respectively, are sufficient to maintain, for the fiscal year involved, a number of participants to serve under that part A or that subtitle C, respectively, that is at least equal to the number of such participants so serving during the fiscal year preceding such fiscal year involved. ( B) Adjustment for insufficient appropriations.--In the event that sufficient appropriations for any fiscal year are not available to increase any stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 or allowance under section 140 of the National and Community Service Act of 1990 to the minimum amount specified under paragraph (1), the Corporation shall increase the stipend or allowance involved to such amount as appropriations for such year permit consistent with subparagraph (A). ( (2) Amount of award.--The concurrent COVID-19 educational award awarded under this subsection shall be in an amount which bears the same proportion to the full amount of the education award the individual received under section 147 of such Act as the length of time of the term of service of such individual that occurs within the COVID-19 emergency recovery period bears to the total length of time of the term of service of such individual. ( 9902(2)) and adjusted by the Director of the Retired and Senior Volunteer and Foster Grandparent programs in the manner described in such parts. ( ``Gross income does not include the amount of any living allowance provided under section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) or section 140(a) or 158(b) of the National and Community Service Act of 1990 (42 U.S.C. 12594(a), 12618(b)).''. ( (2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. ( B) Exclusion of discharge of student loan debt.-- Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: ``(6) Payments under national service educational award programs.--In the case of an individual, gross income shall not include any amount received as a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. ( (2) Augmentation and expansion grants.--Notwithstanding any other provision of law, during the COVID-19 emergency recovery period, the Corporation may award noncompetitive augmentation grants to meet the compelling needs of grantees or subgrantees and expansion grants under the national service laws, at such time and in such manner and from such funds as the Corporation determines appropriate. ( C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. 2) VISTA limitation applicability.--Notwithstanding subsections (a) and (b) of section 108 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958), during the COVID-19 emergency recovery period, in order to address the needs of underserved communities related to the COVID-19 pandemic, of funds appropriated for the purposes of part A of title I of such Act (42 U.S.C. 4951 et seq.) under section 501 of such Act (42 U.S.C. 5081), not more than 75 percent may be obligated for the direct cost of supporting volunteers in programs and projects (including new programs and projects that begin after the date of enactment of this Act) carried out pursuant to part A of title I of such Act, and such funds may be obligated regardless of when grant recipients commenced such programs and projects. (3) Seasonal program.--Notwithstanding sections 152(b)(2) and 154 of the National and Community Service Act of 1990 (42 U.S.C. 12612(b)(2), 12614), during the COVID-19 emergency recovery period, members of the National Civilian Community Corps established under subtitle E of title I of such Act (42 U.S.C. 12611 et seq.) may receive training and perform service in a seasonal national service program established under section 154 of such Act (42 U.S.C. 12614) with service lasting for a period of not less than 3 months and not more than 6 months, as specified by the Director appointed pursuant to section 159(c)(1) of such Act (42 U.S.C. 12619(c)(1)). ( (5) No summer limitation.-- (A) Enrollment.--Notwithstanding any other provision of part A of title I of the Domestic Volunteer Service Act (42 U.S.C. 4951 et seq. ), C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. (c) Report.--Not later than 90 days after the enactment of this Act, the Chief Executive Officer of the Corporation for National and Community Service shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives containing recommendations on-- (1) how to improve grant programs related to the national service laws, including those under subtitle C of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq. ), 12645g; 12655i) for incoming participants in national service programs, particularly new national service programs receiving program assistance for the first time; and (3) actions to maximize flexibility for State Commissions that would strengthen the work of State Commissions and their grantees. AUTHORIZATION OF APPROPRIATIONS.

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. 5) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. ( 7) The signature programs of the Corporation for National and Community Service, which are the AmeriCorps State and National, AmeriCorps National Civilian Community Corps, AmeriCorps Volunteers in Service to America (referred to in this Act as ``VISTA''), and National Senior Service Corps programs, can and should be expanded to meet current needs. ( (9) In response, States, Tribal governments, and cities across the country have closed down businesses, schools, and public events, leading to dramatic swings in the economy. ( 12) The pandemic and the associated economic consequences have disproportionately impacted people of color across many States. ( (2) COVID-19 emergency recovery period.--The term ``COVID- 19 emergency recovery period'' means the period beginning on the date of enactment of this Act and ending at the end of fiscal year 2024. ( 3) Limitation.-- (A) In general.--Subject to subparagraph (B), a stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4955) or an allowance under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594) shall not be increased by this Act unless the funds appropriated for carrying out part A of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) b) Concurrent COVID-19 Educational Award.-- (1) In general.--The Corporation shall award to any individual who successfully completes a term of service resulting in an educational award under section 147 of the National and Community Service Act (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). ( d) Tax Provisions.-- (1) Income tax exclusion for living allowance.-- (A) In general.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. ``Gross income does not include the amount of any living allowance provided under section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) or section 140(a) or 158(b) of the National and Community Service Act of 1990 (42 U.S.C. 12594(a), 12618(b)).''. ( (2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. ( B) Exclusion of discharge of student loan debt.-- Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: ``(6) Payments under national service educational award programs.--In the case of an individual, gross income shall not include any amount received as a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. ( 2) Augmentation and expansion grants.--Notwithstanding any other provision of law, during the COVID-19 emergency recovery period, the Corporation may award noncompetitive augmentation grants to meet the compelling needs of grantees or subgrantees and expansion grants under the national service laws, at such time and in such manner and from such funds as the Corporation determines appropriate. ( 3) Pilot program.-- (A) In general.-- (i) Establishment.--Notwithstanding section 178(h) of the National and Community Service Act of 1990 (42 U.S.C. 12638(h)), during the COVID-19 emergency recovery period, the Corporation shall implement a pilot program under section 121 and 122 of such Act allowing State Commissions to directly place individuals in approved national service positions. (ii) Application and review process.-- Notwithstanding any other provision of law, the Corporation may establish the time, place, and manner of the application and review process for the pilot program established under this paragraph. ( C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. ( (3) Seasonal program.--Notwithstanding sections 152(b)(2) and 154 of the National and Community Service Act of 1990 (42 U.S.C. 12612(b)(2), 12614), during the COVID-19 emergency recovery period, members of the National Civilian Community Corps established under subtitle E of title I of such Act (42 U.S.C. 12611 et seq.) may receive training and perform service in a seasonal national service program established under section 154 of such Act (42 U.S.C. 12614) with service lasting for a period of not less than 3 months and not more than 6 months, as specified by the Director appointed pursuant to section 159(c)(1) of such Act (42 U.S.C. 12619(c)(1)). ( (C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. ( In addition to any amounts appropriated to carry out activities or programs under the national service laws (including under the American Rescue Plan Act of 2021 (Public Law 117-2)), there is authorized to be appropriated to carry out this Act $8,000,000,000 for fiscal year 2021, which shall remain available to be expended through fiscal year 2024.

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. b) Concurrent COVID-19 Educational Award.-- (1) In general.--The Corporation shall award to any individual who successfully completes a term of service resulting in an educational award under section 147 of the National and Community Service Act (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). ( d) Tax Provisions.-- (1) Income tax exclusion for living allowance.-- (A) In general.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. ( 12638(h)), during the COVID-19 emergency recovery period, the Corporation shall implement a pilot program under section 121 and 122 of such Act allowing State Commissions to directly place individuals in approved national service positions. ( C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. ( (

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. 5) Founded in 1990, the Corporation for National and Community Service today coordinates national service by individuals in the United States across every State and territory, partnering with State-level commissions and supporting locally driven services in partnership with nongovernmental organizations and State governments. ( ( In this Act: (1) National and community service act definitions.--The terms ``approved national service position'', ``Corporation'', ``disadvantaged youth'', ``national service laws'', ``participant'', ``service sponsor'', and ``State Commission'' have the meanings given such terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). ( 3) Limitation.-- (A) In general.--Subject to subparagraph (B), a stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4955) or an allowance under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594) shall not be increased by this Act unless the funds appropriated for carrying out part A of the Domestic and Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.) ( B) Adjustment for insufficient appropriations.--In the event that sufficient appropriations for any fiscal year are not available to increase any stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 or allowance under section 140 of the National and Community Service Act of 1990 to the minimum amount specified under paragraph (1), the Corporation shall increase the stipend or allowance involved to such amount as appropriations for such year permit consistent with subparagraph (A). ( ( 2) Amount of award.--The concurrent COVID-19 educational award awarded under this subsection shall be in an amount which bears the same proportion to the full amount of the education award the individual received under section 147 of such Act as the length of time of the term of service of such individual that occurs within the COVID-19 emergency recovery period bears to the total length of time of the term of service of such individual. ( ( (2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. ( B) Exclusion of discharge of student loan debt.-- Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: ``(6) Payments under national service educational award programs.--In the case of an individual, gross income shall not include any amount received as a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. ( ( C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. 2) VISTA limitation applicability.--Notwithstanding subsections (a) and (b) of section 108 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958), during the COVID-19 emergency recovery period, in order to address the needs of underserved communities related to the COVID-19 pandemic, of funds appropriated for the purposes of part A of title I of such Act (42 U.S.C. 4951 et seq.) may receive training and perform service in a seasonal national service program established under section 154 of such Act (42 U.S.C. 12614) with service lasting for a period of not less than 3 months and not more than 6 months, as specified by the Director appointed pursuant to section 159(c)(1) of such Act (42 U.S.C. 12619(c)(1)). ( ( C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. ( ), 12645g; 12655i) for incoming participants in national service programs, particularly new national service programs receiving program assistance for the first time; and (3) actions to maximize flexibility for State Commissions that would strengthen the work of State Commissions and their grantees. AUTHORIZATION OF APPROPRIATIONS.

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. b) Concurrent COVID-19 Educational Award.-- (1) In general.--The Corporation shall award to any individual who successfully completes a term of service resulting in an educational award under section 147 of the National and Community Service Act (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). ( d) Tax Provisions.-- (1) Income tax exclusion for living allowance.-- (A) In general.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. ( 12638(h)), during the COVID-19 emergency recovery period, the Corporation shall implement a pilot program under section 121 and 122 of such Act allowing State Commissions to directly place individuals in approved national service positions. ( C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. ( (

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. In this Act: (1) National and community service act definitions.--The terms ``approved national service position'', ``Corporation'', ``disadvantaged youth'', ``national service laws'', ``participant'', ``service sponsor'', and ``State Commission'' have the meanings given such terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). ( ( B) Adjustment for insufficient appropriations.--In the event that sufficient appropriations for any fiscal year are not available to increase any stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 or allowance under section 140 of the National and Community Service Act of 1990 to the minimum amount specified under paragraph (1), the Corporation shall increase the stipend or allowance involved to such amount as appropriations for such year permit consistent with subparagraph (A). ( ( 2) Amount of award.--The concurrent COVID-19 educational award awarded under this subsection shall be in an amount which bears the same proportion to the full amount of the education award the individual received under section 147 of such Act as the length of time of the term of service of such individual that occurs within the COVID-19 emergency recovery period bears to the total length of time of the term of service of such individual. ( ( ( B) Exclusion of discharge of student loan debt.-- Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: ``(6) Payments under national service educational award programs.--In the case of an individual, gross income shall not include any amount received as a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. ( ( 2) VISTA limitation applicability.--Notwithstanding subsections (a) and (b) of section 108 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958), during the COVID-19 emergency recovery period, in order to address the needs of underserved communities related to the COVID-19 pandemic, of funds appropriated for the purposes of part A of title I of such Act (42 U.S.C. 4951 et seq.) ( ( C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. ( ), 12645g; 12655i) for incoming participants in national service programs, particularly new national service programs receiving program assistance for the first time; and (3) actions to maximize flexibility for State Commissions that would strengthen the work of State Commissions and their grantees.

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. b) Concurrent COVID-19 Educational Award.-- (1) In general.--The Corporation shall award to any individual who successfully completes a term of service resulting in an educational award under section 147 of the National and Community Service Act (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). ( d) Tax Provisions.-- (1) Income tax exclusion for living allowance.-- (A) In general.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. ( 12638(h)), during the COVID-19 emergency recovery period, the Corporation shall implement a pilot program under section 121 and 122 of such Act allowing State Commissions to directly place individuals in approved national service positions. ( C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. ( (

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. In this Act: (1) National and community service act definitions.--The terms ``approved national service position'', ``Corporation'', ``disadvantaged youth'', ``national service laws'', ``participant'', ``service sponsor'', and ``State Commission'' have the meanings given such terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). ( ( B) Adjustment for insufficient appropriations.--In the event that sufficient appropriations for any fiscal year are not available to increase any stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 or allowance under section 140 of the National and Community Service Act of 1990 to the minimum amount specified under paragraph (1), the Corporation shall increase the stipend or allowance involved to such amount as appropriations for such year permit consistent with subparagraph (A). ( ( 2) Amount of award.--The concurrent COVID-19 educational award awarded under this subsection shall be in an amount which bears the same proportion to the full amount of the education award the individual received under section 147 of such Act as the length of time of the term of service of such individual that occurs within the COVID-19 emergency recovery period bears to the total length of time of the term of service of such individual. ( ( ( B) Exclusion of discharge of student loan debt.-- Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: ``(6) Payments under national service educational award programs.--In the case of an individual, gross income shall not include any amount received as a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. ( ( 2) VISTA limitation applicability.--Notwithstanding subsections (a) and (b) of section 108 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958), during the COVID-19 emergency recovery period, in order to address the needs of underserved communities related to the COVID-19 pandemic, of funds appropriated for the purposes of part A of title I of such Act (42 U.S.C. 4951 et seq.) ( ( C) Limitation.--The limitation on funds appropriated for grants and contracts, as contained in section 108 of the Domestic Volunteer Service Act (42 U.S.C. 4958), shall not apply to the program under this subsection. ( ), 12645g; 12655i) for incoming participants in national service programs, particularly new national service programs receiving program assistance for the first time; and (3) actions to maximize flexibility for State Commissions that would strengthen the work of State Commissions and their grantees.

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. b) Concurrent COVID-19 Educational Award.-- (1) In general.--The Corporation shall award to any individual who successfully completes a term of service resulting in an educational award under section 147 of the National and Community Service Act (42 U.S.C. 12603), with any part of such term of service occurring within the COVID-19 emergency recovery period, a concurrent COVID-19 educational award for an amount described under paragraph (2). ( d) Tax Provisions.-- (1) Income tax exclusion for living allowance.-- (A) In general.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: ``SEC. 2) Exclusion from gross income of national service educational awards.-- (A) In general.--Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: ``(e) National Service Educational Awards.--Gross income shall not include any payments from the National Service Trust established under section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601), including the national service educational award described in subtitle D of title I of such Act (42 U.S.C. 12601 et seq.).''. ( 12638(h)), during the COVID-19 emergency recovery period, the Corporation shall implement a pilot program under section 121 and 122 of such Act allowing State Commissions to directly place individuals in approved national service positions. ( C) Report.--The Corporation shall prepare and submit a report to Congress at the end of the pilot program described in subparagraph (A), containing recommendations about whether and how to continue such a program of direct placements. ( (

To amend the national service laws to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. B) Adjustment for insufficient appropriations.--In the event that sufficient appropriations for any fiscal year are not available to increase any stipend or allowance under section 105 of the Domestic and Volunteer Service Act of 1973 or allowance under section 140 of the National and Community Service Act of 1990 to the minimum amount specified under paragraph (1), the Corporation shall increase the stipend or allowance involved to such amount as appropriations for such year permit consistent with subparagraph (A). ( ( ( ( ( B) Exclusion of discharge of student loan debt.-- Subsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph: ``(6) Payments under national service educational award programs.--In the case of an individual, gross income shall not include any amount received as a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).''. ( ( 2) VISTA limitation applicability.--Notwithstanding subsections (a) and (b) of section 108 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958), during the COVID-19 emergency recovery period, in order to address the needs of underserved communities related to the COVID-19 pandemic, of funds appropriated for the purposes of part A of title I of such Act (42 U.S.C. 4951 et seq.) ( (

Cultivating Opportunity and Recovery from the Pandemic through Service Act or the CORPS Act - Amends the National Youth Service Act to direct the Corporation for National and Community Service (CNS) to prioritize national service programs and projects that are directly related to the response to and recovery from the COVID-19 public health emergency, and for other purposes. Requires the Secretary of the Amends the Domestic and Volunteer Service Act of 1973 to direct the Corporation for National and Community Service (CPS) to award supplemental grant funds to entities operating a program receiving grant funds under the national service laws to: (1) increase the minimum subsistence or living allowance provided under such Act to $1,000 per month for low-income individuals; and (2) cover Amends the Internal Revenue Code to exclude from gross income any amount received as a national service educational award under the National and Community Service Act of 1990 or the Volunteer Corps Act of 1973 for purposes of discharging student loan debt. (Currently, such amounts are excluded from the gross income of individuals who are recipients of such awards.) (Sec. 6) Requires the Corporation for National and Authorizes the Director of the VISTA program to enroll full-time VISTA associates in a program, during any months of the year, under such terms and conditions as such Director determines to be appropriate. Such individuals shall be assigned to projects that address the needs of underserved communities impacted by the COVID-19 public health emergency. (Sec. 7) Authorizes the Corporation for

H.R.3541

Immigration

Conrad State 30 and Physician Access Reauthorization Act This bill modifies the Conrad 30 Waiver program, which incentivizes qualified foreign physicians to serve in underserved communities. It also extends statutory authority for the program for three years from this bill's enactment. Aliens coming to the United States under a J-1 nonimmigrant visa to receive medical training typically must leave the country and reside for two years abroad before being eligible to apply for an immigrant visa or permanent residence. The Conrad program waives this requirement for individuals who meet certain qualifications, including serving for a number of years at a health care facility in an underserved area. The bill increases the number of waivers that a state may obtain each fiscal year from 30 to 35 if a certain number of waivers were used the previous year, and provides for further adjustments depending on demand. An alien physician may be employed at an academic medical center to meet the Conrad program's employment requirements if the alien's work is in the public interest, even if the medical center is not in an underserved area. Employment contracts for alien physicians under the Conrad program shall contain certain information, such as the maximum number of on-call hours per week the physician shall have to work. Certain alien physicians (along with the physician's spouse and children) shall be exempt from the direct annual numerical limits on immigration, including those physicians that have met certain requirements related to visas for physicians to serve in underserved areas.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Conrad State 30 and Physician Access Reauthorization Act''. SEC. 2. CONRAD STATE 30 PROGRAM. (a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if enacted on September 30, 2018. SEC. 3. RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY UNDERSERVED COMMUNITIES. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F)(i) Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including-- ``(I) alien physicians who completed such service before the date of the enactment of the Conrad State 30 and Physician Access Act; and ``(II) the spouse or children of an alien physician described in subclause (I). ``(ii) Nothing in this subparagraph may be construed-- ``(I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph before the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or ``(II) to permit the Secretary of Homeland Security to grant a petition or application described in subclause (I) until the alien has satisfied all of the requirements of the waiver received under section 214(l).''. SEC. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. (a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; (2) in subparagraph (A), by striking ``Director of the United States Information Agency'' and inserting ``Secretary of State''; (3) in subparagraph (B), by inserting ``, except as provided in paragraphs (7) and (8)'' before the semicolon at the end; (4) in subparagraph (C), by striking clauses (i) and (ii) and inserting the following: ``(i) the alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and ``(ii) the alien-- ``(I) has accepted employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; ``(II) begins employment by the later of the date that is-- ``(aa) 120 days after receiving such waiver; ``(bb) 120 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1); or ``(cc) 120 days after receiving nonimmigrant status or employment authorization, if the alien or the alien's employer petitions for such nonimmigrant status or employment authorization not later than 120 days after the date on which the alien completes his or her graduate medical education or training under a program approved pursuant to section 212(j)(1); and ``(III) agrees to continue to work for a total of not less than 3 years in the status authorized for such employment under this subsection, except as provided in paragraph (8).''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph.''. (c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. (d) Physician Employment in Underserved Areas.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(4)(A) If an interested State agency denies an application for a waiver under paragraph (1)(B) from a physician pursuing graduate medical education or training pursuant to section 101(a)(15)(J) because the State has requested the maximum number of waivers permitted for that fiscal year, the physician's nonimmigrant status shall be extended for up to 6 months if the physician agrees to seek a waiver under this subsection (except for paragraph (1)(D)(ii)) to work for an employer described in paragraph (1)(C) in a State that has not yet requested the maximum number of waivers. ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. (e) Contract Requirements.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(5) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that-- ``(A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; ``(B) specifies-- ``(i) whether the contracting facility or organization-- ``(I) has secured medical malpractice liability protection for the alien under section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)); or ``(II) will pay the alien's malpractice insurance premiums; ``(ii) whether the employer will provide malpractice insurance for the alien; and ``(iii) the amount of such liability protection that will be provided; ``(C) describes all of the work locations that the alien will work and includes a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and ``(D) does not include a non-compete provision. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. (f) Recapturing Waiver Slots Lost to Other States.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(7) If a recipient of a waiver under this subsection terminates the recipient's employment with a health facility or health care organization pursuant to paragraph (1)(C)(ii), including termination of employment because of circumstances described in paragraph (1)(C)(ii)(III), and accepts new employment with such a facility or organization in a different State, the State from which the alien is departing may be accorded an additional waiver by the Secretary of State for use in the fiscal year in which the alien's employment was terminated.''. (g) Exception to 3-Year Work Requirement.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(8) The 3-year work requirement set forth in subparagraphs (C) and (D) of paragraph (1) shall not apply if-- ``(A)(i) the Secretary of Homeland Security determines that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization; and ``(ii) the alien demonstrates, not later than 120 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; ``(B)(i) the interested State agency that requested the waiver attests that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization; and ``(ii) the alien demonstrates, not later than 120 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; or ``(C) the alien-- ``(i) elects not to pursue a determination of extenuating circumstances pursuant to subclause (A) or (B); ``(ii) terminates the alien's employment relationship with the health facility or health care organization at which the alien was employed; ``(iii) demonstrates, not later than 45 days after the employment termination date, another bona fide offer of employment at a health facility or health care organization in a geographic area or areas, in the State that requested the alien's waiver, which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(iv) agrees to be employed for the remainder of such 3-year period, and 1 additional year for each termination under clause (ii).''. SEC. 5. ALLOTMENT OF CONRAD 30 WAIVERS. (a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. ``(ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. ``(B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case-- ``(i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and ``(ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30.''. (b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. 1184(l)(1)(D)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) in the case of a request by an interested State agency-- ``(I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(II) the head of such agency determines that-- ``(aa) the alien physician's work is in the public interest; and ``(bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3.''. SEC. 6. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. (a) Dual Intent for Physicians Seeking Graduate Medical Training.-- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. (b) Physician National Interest Waiver Clarifications.-- (1) Practice and geographic area.--Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. (2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served or an employment contract dated within a minimum time period before filing a visa petition under this subsection. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. (c) Technical Clarification Regarding Advanced Degree for Physicians.--Section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. (d) Short-Term Work Authorization for Physicians Completing Their Residencies.-- (1) In general.--A physician completing graduate medical education or training described in section 212(j) of the Immigration and Nationality Act (8 U.S.C. 1182(j)) as a nonimmigrant described in section 101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i))-- (A) shall have such nonimmigrant status automatically extended until October 1 of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and the employment start date for the beneficiary of such petition is October 1 of that fiscal year; and (B) shall be authorized to be employed incident to status during the period between the filing of such petition and October 1 of such fiscal year. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. (3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. (e) Applicability of Section 212(e) to Spouses and Children of J-1 Exchange Visitors.--A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). SEC. 7. ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT. The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State. <all>

Conrad State 30 and Physician Access Reauthorization Act

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes.

Conrad State 30 and Physician Access Reauthorization Act

Rep. Schneider, Bradley Scott

D

IL

This bill modifies the Conrad 30 Waiver program, which incentivizes qualified foreign physicians to serve in underserved communities. It also extends statutory authority for the program for three years from this bill's enactment. Aliens coming to the United States under a J-1 nonimmigrant visa to receive medical training typically must leave the country and reside for two years abroad before being eligible to apply for an immigrant visa or permanent residence. The Conrad program waives this requirement for individuals who meet certain qualifications, including serving for a number of years at a health care facility in an underserved area. The bill increases the number of waivers that a state may obtain each fiscal year from 30 to 35 if a certain number of waivers were used the previous year, and provides for further adjustments depending on demand. An alien physician may be employed at an academic medical center to meet the Conrad program's employment requirements if the alien's work is in the public interest, even if the medical center is not in an underserved area. Employment contracts for alien physicians under the Conrad program shall contain certain information, such as the maximum number of on-call hours per week the physician shall have to work. Certain alien physicians (along with the physician's spouse and children) shall be exempt from the direct annual numerical limits on immigration, including those physicians that have met certain requirements related to visas for physicians to serve in underserved areas.

2. CONRAD STATE 30 PROGRAM. 3. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. 6. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. SEC. 7. 1182(e) and 1184(l)), broken down by State.

2. 3. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. SEC. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. SHORT TITLE. 2. CONRAD STATE 30 PROGRAM. 3. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. 6. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. SEC. 7. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. SHORT TITLE. 2. CONRAD STATE 30 PROGRAM. 3. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. 6. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. SEC. 7. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. ''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph.''. ( ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ( ALLOTMENT OF CONRAD 30 WAIVERS. ( ``(ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( a) Dual Intent for Physicians Seeking Graduate Medical Training.-- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. b) Physician National Interest Waiver Clarifications.-- (1) Practice and geographic area.--Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. ( 2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. (3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ALLOTMENT OF CONRAD 30 WAIVERS. ( a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ALLOTMENT OF CONRAD 30 WAIVERS. ( a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. ''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph.''. ( ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ( ALLOTMENT OF CONRAD 30 WAIVERS. ( ``(ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( a) Dual Intent for Physicians Seeking Graduate Medical Training.-- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. b) Physician National Interest Waiver Clarifications.-- (1) Practice and geographic area.--Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. ( 2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. (3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ALLOTMENT OF CONRAD 30 WAIVERS. ( a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ( b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ( b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( ( 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. (

Conrad State 30 and Physician Access Reauthorization Act This bill amends the Immigration and Nationality Technical Corrections Act of 1994 to extend through FY2018 the Conrad State 30 physician access program for rural and medically underserved communities. The bill also extends through FY2022: (1) the two-year foreign residency requirement for physicians who have completed service requirements of a Amends the Immigration and Nationality Act to require an alien granted a waiver under such Act to enter into an employment agreement with the contracting health facility or health care organization that specifies: (1) the maximum number of on-call hours per week that the alien will be expected to be available and the compensation the alien shall receive for on- call time; (2) whether the contracting Amends the Immigration and Nationality Act to provide for dual intent for physicians seeking graduate medical training. (Currently, dual intent is limited to a physician who agrees to practice medicine in, or be on the faculty of a residency program at, an academic medical center without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of Amends the Immigration and Nationality Act to: (1) provide for the automatic extension of the nonimmigrant status of a physician completing graduate medical education or training as a nonimmigrant; and (2) allow a physician to be employed incident to status during the period between the filing of a petition for a continuation of such nonimmigrant nonimmigrant visa and October 1 of the next fiscal year

S.1810

Immigration

Conrad State 30 and Physician Access Reauthorization Act This bill modifies the Conrad 30 Waiver program, which incentivizes qualified foreign physicians to serve in underserved communities. It also extends statutory authority for the program for three years from this bill's enactment. Aliens coming to the United States under a J-1 nonimmigrant visa to receive medical training typically must leave the country and reside for two years abroad before being eligible to apply for an immigrant visa or permanent residence. The Conrad program waives this requirement for individuals who meet certain qualifications, including serving for a number of years at a health care facility in an underserved area. The bill increases the number of waivers that a state may obtain each fiscal year from 30 to 35 if a certain number of waivers were used the previous year, and provides for further adjustments depending on demand. An alien physician may be employed at an academic medical center to meet the Conrad program's employment requirements if the alien's work is in the public interest, even if the medical center is not in an underserved area. Employment contracts for alien physicians under the Conrad program shall contain certain information, such as the maximum number of on-call hours per week the physician shall have to work. Certain alien physicians (along with the physician's spouse and children) shall be exempt from the direct annual numerical limits on immigration, including those physicians that have met certain requirements related to visas for physicians to serve in underserved areas.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Conrad State 30 and Physician Access Reauthorization Act''. SEC. 2. CONRAD STATE 30 PROGRAM. (a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if enacted on September 30, 2018. SEC. 3. RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY UNDERSERVED COMMUNITIES. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F)(i) Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including-- ``(I) alien physicians who completed such service before the date of the enactment of the Conrad State 30 and Physician Access Act; and ``(II) the spouse or children of an alien physician described in subclause (I). ``(ii) Nothing in this subparagraph may be construed-- ``(I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph before the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or ``(II) to permit the Secretary of Homeland Security to grant a petition or application described in subclause (I) until the alien has satisfied all of the requirements of the waiver received under section 214(l).''. SEC. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. (a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; (2) in subparagraph (A), by striking ``Director of the United States Information Agency'' and inserting ``Secretary of State''; (3) in subparagraph (B), by inserting ``, except as provided in paragraphs (7) and (8)'' before the semicolon at the end; (4) in subparagraph (C), by striking clauses (i) and (ii) and inserting the following: ``(i) the alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; ``(ii) the alien-- ``(I) has accepted employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; ``(II) begins employment by the later of the date that is-- ``(aa) 120 days after receiving such waiver; ``(bb) 120 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1); or ``(cc) 120 days after receiving nonimmigrant status or employment authorization, if the alien or the alien's employer petitions for such nonimmigrant status or employment authorization not later than 120 days after the date on which the alien completes his or her graduate medical education or training under a program approved pursuant to section 212(j)(1); and ``(III) agrees to continue to work for a total of not less than 3 years in the status authorized for such employment under this subsection, except as provided in paragraph (8).''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph.''. (c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. (d) Physician Employment in Underserved Areas.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(4)(A) If an interested State agency denies an application for a waiver under paragraph (1)(B) from a physician pursuing graduate medical education or training pursuant to section 101(a)(15)(J) because the State has requested the maximum number of waivers permitted for that fiscal year, the physician's nonimmigrant status shall be extended for up to 6 months if the physician agrees to seek a waiver under this subsection (except for paragraph (1)(D)(ii)) to work for an employer described in paragraph (1)(C) in a State that has not yet requested the maximum number of waivers. ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. (e) Contract Requirements.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(5) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that-- ``(A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; ``(B) specifies-- ``(i) whether the contracting facility or organization-- ``(I) has secured medical malpractice liability protection for the alien under section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)); or ``(II) will pay the alien's malpractice insurance premiums; ``(ii) whether the employer will provide malpractice insurance for the alien; and ``(iii) the amount of such liability protection that will be provided; ``(C) describes all of the work locations that the alien will work and includes a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and ``(D) does not include a non-compete provision. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. (f) Recapturing Waiver Slots Lost to Other States.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(7) If a recipient of a waiver under this subsection terminates the recipient's employment with a health facility or health care organization pursuant to paragraph (1)(C)(ii), including termination of employment because of circumstances described in paragraph (1)(C)(ii)(III), and accepts new employment with such a facility or organization in a different State, the State from which the alien is departing may be accorded an additional waiver by the Secretary of State for use in the fiscal year in which the alien's employment was terminated.''. (g) Exception to 3-Year Work Requirement.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(8) The 3-year work requirement set forth in subparagraphs (C) and (D) of paragraph (1) shall not apply if-- ``(A)(i) the Secretary of Homeland Security determines that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization; and ``(ii) the alien demonstrates, not later than 120 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; ``(B)(i) the interested State agency that requested the waiver attests that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization; and ``(ii) the alien demonstrates, not later than 120 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; or ``(C) the alien-- ``(i) elects not to pursue a determination of extenuating circumstances pursuant to subclause (A) or (B); ``(ii) terminates the alien's employment relationship with the health facility or health care organization at which the alien was employed; ``(iii) demonstrates, not later than 45 days after the employment termination date, another bona fide offer of employment at a health facility or health care organization in a geographic area or areas, in the State that requested the alien's waiver, which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(iv) agrees to be employed for the remainder of such 3-year period, and 1 additional year for each termination under clause (ii).''. SEC. 5. ALLOTMENT OF CONRAD 30 WAIVERS. (a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. ``(ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. ``(B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case-- ``(i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and ``(ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30.''. (b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. 1184(l)(1)(D)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) in the case of a request by an interested State agency-- ``(I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(II) the head of such agency determines that-- ``(aa) the alien physician's work is in the public interest; and ``(bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3.''. SEC. 6. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. (a) Dual Intent for Physicians Seeking Graduate Medical Training.-- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. (b) Physician National Interest Waiver Clarifications.-- (1) Practice and geographic area.--Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. (2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served or an employment contract dated within a minimum time period before filing a visa petition under this subsection. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. (c) Technical Clarification Regarding Advanced Degree for Physicians.--Section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. (d) Short-Term Work Authorization for Physicians Completing Their Residencies.-- (1) In general.--A physician completing graduate medical education or training described in section 212(j) of the Immigration and Nationality Act (8 U.S.C. 1182(j)) as a nonimmigrant described in section 101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i))-- (A) shall have such nonimmigrant status automatically extended until October 1 of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and the employment start date for the beneficiary of such petition is October 1 of that fiscal year; and (B) shall be authorized to be employed incident to status during the period between the filing of such petition and October 1 of such fiscal year. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. (3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. (e) Applicability of Section 212(e) to Spouses and Children of J-1 Exchange Visitors.--A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). SEC. 7. ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT. The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State. <all>

Conrad State 30 and Physician Access Reauthorization Act

A bill to provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes.

Conrad State 30 and Physician Access Reauthorization Act

Sen. Klobuchar, Amy

D

MN

This bill modifies the Conrad 30 Waiver program, which incentivizes qualified foreign physicians to serve in underserved communities. It also extends statutory authority for the program for three years from this bill's enactment. Aliens coming to the United States under a J-1 nonimmigrant visa to receive medical training typically must leave the country and reside for two years abroad before being eligible to apply for an immigrant visa or permanent residence. The Conrad program waives this requirement for individuals who meet certain qualifications, including serving for a number of years at a health care facility in an underserved area. The bill increases the number of waivers that a state may obtain each fiscal year from 30 to 35 if a certain number of waivers were used the previous year, and provides for further adjustments depending on demand. An alien physician may be employed at an academic medical center to meet the Conrad program's employment requirements if the alien's work is in the public interest, even if the medical center is not in an underserved area. Employment contracts for alien physicians under the Conrad program shall contain certain information, such as the maximum number of on-call hours per week the physician shall have to work. Certain alien physicians (along with the physician's spouse and children) shall be exempt from the direct annual numerical limits on immigration, including those physicians that have met certain requirements related to visas for physicians to serve in underserved areas.

2. CONRAD STATE 30 PROGRAM. 3. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. 6. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. SEC. 7. 1182(e) and 1184(l)), broken down by State.

2. 3. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. SEC. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. SHORT TITLE. 2. CONRAD STATE 30 PROGRAM. 3. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. 6. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. SEC. 7. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. SHORT TITLE. 2. CONRAD STATE 30 PROGRAM. 3. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. 6. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. SEC. 7. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. ''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph.''. ( ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ( ALLOTMENT OF CONRAD 30 WAIVERS. ( ``(ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( a) Dual Intent for Physicians Seeking Graduate Medical Training.-- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. b) Physician National Interest Waiver Clarifications.-- (1) Practice and geographic area.--Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. ( 2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. (3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ALLOTMENT OF CONRAD 30 WAIVERS. ( a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ALLOTMENT OF CONRAD 30 WAIVERS. ( a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. ''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph.''. ( ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ( ALLOTMENT OF CONRAD 30 WAIVERS. ( ``(ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( a) Dual Intent for Physicians Seeking Graduate Medical Training.-- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. b) Physician National Interest Waiver Clarifications.-- (1) Practice and geographic area.--Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. ( 2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. (3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( EMPLOYMENT PROTECTIONS FOR PHYSICIANS. ( a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. ( b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ALLOTMENT OF CONRAD 30 WAIVERS. ( a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. ( 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ( b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. ( b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. ( 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. ( The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. 2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. ( ( 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. 3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. (

Conrad State 30 and Physician Access Reauthorization Act This bill amends the Immigration and Nationality Technical Corrections Act of 1994 to extend through FY2018 the Conrad State 30 physician access program. The bill extends through FY2022: (1) the authorization of medical residency for physicians in rural and medically underserved communities; and (2) the authority of the Amends the Immigration and Nationality Act to require an alien granted a waiver under such Act to enter into an employment agreement with the contracting health facility or health care organization that specifies: (1) the maximum number of on-call hours per week that the alien will be expected to be available and the compensation the alien shall receive for on- call time; (2) whether the contracting Amends the Immigration and Nationality Act to provide for dual intent for physicians seeking graduate medical training. (Currently, dual intent is limited to a physician who agrees to practice medicine in, or be on the faculty of a residency program at, an academic medical center without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of Amends the Immigration and Nationality Act to: (1) provide for the automatic extension of the nonimmigrant status of a physician completing graduate medical education or training as a nonimmigrant; and (2) allow a physician to be employed incident to status during the period between the filing of a petition for a continuation of such nonimmigrant nonimmigrant visa and October 1 of the next fiscal year

S.14

International Affairs

Combating Global Corruption Act of 2021 This bill requires the Department of State to develop a program to combat corruption in foreign countries. The State Department must annually report to Congress a tiered list of all foreign countries. The first tier shall contain countries that meet minimum standards for combating public corruption, while the second tier shall contain countries that do not yet meet these standards but are making significant efforts to do so. Third-tier countries do not meet the minimum anti-corruption standards and are not making significant efforts to do so. Factors for assessing efforts to address corruption include a country's compliance with specified relevant international agreements. The State Department must report on whether, for purposes of potential sanctions, foreign persons are engaged in significant corruption in third-tier countries or in relation to the planning, construction, or operation of the Nord Stream 2 pipeline. The State Department must also designate an anti-corruption point of contact in the U.S. diplomatic post in each second- or third-tier country and where the State Department determines that such a point of contact is necessary. The point of contact shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach to enhancing the ability of foreign countries to combat public corruption.

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. 2. DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means--</DELETED> <DELETED> (A) the Committee on Foreign Relations of the Senate;</DELETED> <DELETED> (B) the Committee on Armed Services of the Senate;</DELETED> <DELETED> (C) the Committee on Appropriations of the Senate;</DELETED> <DELETED> (D) the Committee on Foreign Affairs of the House of Representatives;</DELETED> <DELETED> (E) the Committee on Armed Services of the House of Representatives; and</DELETED> <DELETED> (F) the Committee on Appropriations of the House of Representatives.</DELETED> <DELETED> (2) Corrupt actor.--The term ``corrupt actor'' means--</DELETED> <DELETED> (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and</DELETED> <DELETED> (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption.</DELETED> <DELETED> (3) Corruption.--The term ``corruption'' means the exercise of public power for private gain, including by bribery, nepotism, fraud, or embezzlement.</DELETED> <DELETED> (4) Grand corruption.--The term ``grand corruption'' means corruption committed at a high level of government that--</DELETED> <DELETED> (A) distorts policies or the central functioning of the country; and</DELETED> <DELETED> (B) enables leaders to benefit at the expense of the public good.</DELETED> <DELETED> (5) Petty corruption.--The term ``petty corruption'' means the abuse of entrusted power by low- or mid- level public officials in their interactions with ordinary citizens.</DELETED> <DELETED>SEC. 3. PUBLICATION OF TIERED RANKING LIST.</DELETED> <DELETED> (a) In General.--The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries.</DELETED> <DELETED> (b) Tier 1 Countries.--A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 4.</DELETED> <DELETED> (c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country.</DELETED> <DELETED> (d) Tier 3 Countries.--A country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 4.</DELETED> <DELETED>SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION.</DELETED> <DELETED> (a) In General.--The government of a country is complying with the minimum standards for the elimination of corruption if the government--</DELETED> <DELETED> (1) has enacted laws and established government structures, policies, and practices that prohibit corruption, including grand corruption and petty corruption;</DELETED> <DELETED> (2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws;</DELETED> <DELETED> (3) prescribes punishment for grand corruption that is commensurate with the punishment prescribed for serious crimes;</DELETED> <DELETED> (4) prescribes punishment for petty corruption that--</DELETED> <DELETED> (A) provides a sufficiently stringent deterrent; and</DELETED> <DELETED> (B) adequately reflects the nature of the offense; and</DELETED> <DELETED> (5) is making serious and sustained efforts to eliminate corruption.</DELETED> <DELETED> (b) Factors for Assessing Government Efforts To Combat Corruption.--In determining whether a government is making serious and sustained efforts to eliminate corruption, the Secretary of State shall consider--</DELETED> <DELETED> (1) whether the government of the country vigorously investigates and prosecutes acts of corruption and convicts and sentences persons responsible for such acts that take place wholly or partly within such country, including, as appropriate, requiring incarceration of individuals convicted of such acts;</DELETED> <DELETED> (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate severe forms of corruption;</DELETED> <DELETED> (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption;</DELETED> <DELETED> (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials;</DELETED> <DELETED> (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring;</DELETED> <DELETED> (6) whether an independent judiciary or judicial body in the country responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats, or interferences (direct or indirect) from any quarter or for any reason;</DELETED> <DELETED> (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat grand corruption, including cooperating with the governments of other countries to extradite corrupt actors;</DELETED> <DELETED> (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others;</DELETED> <DELETED> (9) whether the government of the country refrains from prosecuting victims of corruption or whistleblowers due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; and</DELETED> <DELETED> (10) such other information relating to corruption as the Secretary of State considers appropriate.</DELETED> <DELETED>SEC. 5. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.</DELETED> <DELETED> (a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, shall evaluate foreign persons engaged in grand corruption in all countries identified as tier 3 countries under section 3 for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note).</DELETED> <DELETED> (b) Report Required.--Not later than 60 days after publishing the list required by section 3(a), the Secretary of State shall submit to the committees specified in subsection (e) a report that includes--</DELETED> <DELETED> (1) a list of foreign persons evaluated under subsection (a);</DELETED> <DELETED> (2) a list of foreign persons with respect to which the President imposed sanctions pursuant to that evaluation;</DELETED> <DELETED> (3) the dates on which such sanctions were imposed; and</DELETED> <DELETED> (4) the reasons for imposing such sanctions.</DELETED> <DELETED> (c) Form of Report.--</DELETED> <DELETED> (1) In general.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.</DELETED> <DELETED> (2) Exception.--The name of a foreign person to be included in the list required by subsection (b)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President--</DELETED> <DELETED> (A) determines that it is vital for the national security interests of the United States to do so;</DELETED> <DELETED> (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and</DELETED> <DELETED> (C) not later than 15 days before submitting the name in the classified annex, provides to the committees specified in subsection (e) notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity that would subject the person to the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act.</DELETED> <DELETED> (d) Public Availability of Report.--</DELETED> <DELETED> (1) In general.--The unclassified portion of the report required by subsection (b) shall be made available to the public, including through publication in the Federal Register.</DELETED> <DELETED> (2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (b)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.</DELETED> <DELETED> (e) Committees Specified.--The committees specified in this subsection are--</DELETED> <DELETED> (1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and</DELETED> <DELETED> (2) the Committee on Appropriations, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives.</DELETED> <DELETED>SEC. 6. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.</DELETED> <DELETED> (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee.</DELETED> <DELETED> (b) Responsibilities.--Each anti-corruption point of contact designated under subsection (a) shall be responsible for coordinating and overseeing the implementation of a whole-of-government approach among the relevant Federal departments and agencies operating programs that--</DELETED> <DELETED> (1) promote good governance in foreign countries; and</DELETED> <DELETED> (2) enhance the ability of such countries-- </DELETED> <DELETED> (A) to combat public corruption; and</DELETED> <DELETED> (B) to develop and implement corruption risk assessment tools and mitigation strategies.</DELETED> <DELETED> (c) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Global Corruption Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Corrupt actor.--The term ``corrupt actor'' means-- (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. (3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. (B) Involves economically or socially large-scale government activities. SEC. 3. PUBLICATION OF TIERED RANKING LIST. (a) In General.--The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries. (b) Tier 1 Countries.--A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 4. (c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. (d) Tier 3 Countries.--A country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 4. SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION. (a) In General.--The government of a country is complying with the minimum standards for the elimination of corruption if the government-- (1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption; (2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws; (3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and (4) is making serious and sustained efforts to address corruption, including through prevention. (b) Factors for Assessing Government Efforts To Combat Corruption.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as-- (1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts; (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption; (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption; (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials; (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring; (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect); (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors; (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption; (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements; (12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and (13) such other information relating to corruption as the Secretary of State considers appropriate. (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. (2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the ``Anti- Bribery Convention''). (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. (4) The United Nations Convention against Corruption, done at New York October 31, 2003. (5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate. SEC. 5. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT. (a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)-- (1) in all countries identified as tier 3 countries under section 3; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. (b) Report Required.--Not later than 180 days after publishing the list required by section 3(a) and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (f) a report that includes-- (1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a); (2) the dates on which such sanctions were imposed; (3) the reasons for imposing such sanctions; and (4) a list of all foreign persons found to have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline. (c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. (e) Termination of Requirements Relating to Nord Stream 2.--The requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act. (f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. SEC. 6. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT. (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee. (b) Responsibilities.--Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to-- (1) promote good governance in foreign countries; and (2) enhance the ability of such countries-- (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies. (c) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a). Calendar No. 88 117th CONGRESS 1st Session S. 14 _______________________________________________________________________

Combating Global Corruption Act of 2021

A bill to identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act.

Combating Global Corruption Act of 2021 Combating Global Corruption Act of 2021

Sen. Cardin, Benjamin L.

D

MD

This bill requires the Department of State to develop a program to combat corruption in foreign countries. The State Department must annually report to Congress a tiered list of all foreign countries. The first tier shall contain countries that meet minimum standards for combating public corruption, while the second tier shall contain countries that do not yet meet these standards but are making significant efforts to do so. Third-tier countries do not meet the minimum anti-corruption standards and are not making significant efforts to do so. Factors for assessing efforts to address corruption include a country's compliance with specified relevant international agreements. The State Department must report on whether, for purposes of potential sanctions, foreign persons are engaged in significant corruption in third-tier countries or in relation to the planning, construction, or operation of the Nord Stream 2 pipeline. The State Department must also designate an anti-corruption point of contact in the U.S. diplomatic post in each second- or third-tier country and where the State Department determines that such a point of contact is necessary. The point of contact shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach to enhancing the ability of foreign countries to combat public corruption.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. 2. In this Act: (1) Corrupt actor.--The term ``corrupt actor'' means-- (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. 3. PUBLICATION OF TIERED RANKING LIST. (b) Tier 1 Countries.--A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION. (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. 5. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT. (c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. 6. The point of contact shall be the chief of mission or the chief of mission's designee. (c) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. 2. In this Act: (1) Corrupt actor.--The term ``corrupt actor'' means-- (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. 3. PUBLICATION OF TIERED RANKING LIST. (b) Tier 1 Countries.--A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION. (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. 5. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT. (c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. 6. The point of contact shall be the chief of mission or the chief of mission's designee. (c) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. 2. In this Act: (1) Corrupt actor.--The term ``corrupt actor'' means-- (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. 3. PUBLICATION OF TIERED RANKING LIST. (b) Tier 1 Countries.--A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION. (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. 5. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT. (c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. 6. The point of contact shall be the chief of mission or the chief of mission's designee. (c) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. 2. DEFINITIONS. In this Act: (1) Corrupt actor.--The term ``corrupt actor'' means-- (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. (3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. 3. PUBLICATION OF TIERED RANKING LIST. (a) In General.--The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries. (b) Tier 1 Countries.--A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION. (b) Factors for Assessing Government Efforts To Combat Corruption.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as-- (1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts; (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption; (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption; (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials; (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring; (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect); (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors; (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption; (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements; (12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and (13) such other information relating to corruption as the Secretary of State considers appropriate. (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. 5. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT. 2656 note)-- (1) in all countries identified as tier 3 countries under section 3; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. (c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. 6. The point of contact shall be the chief of mission or the chief of mission's designee. (b) Responsibilities.--Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to-- (1) promote good governance in foreign countries; and (2) enhance the ability of such countries-- (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies. (c) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a). Calendar No. 88 117th CONGRESS 1st Session S. 14 _______________________________________________________________________

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.</DELETED> <DELETED> (a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, shall evaluate foreign persons engaged in grand corruption in all countries identified as tier 3 countries under section 3 for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.</DELETED> <DELETED> (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. This Act may be cited as the ``Combating Global Corruption Act of 2021''. 2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. (3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. ( c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. ( (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. ( 3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. ( c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. ( d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. ( (f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact.

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.</DELETED> <DELETED> (a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, shall evaluate foreign persons engaged in grand corruption in all countries identified as tier 3 countries under section 3 for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.</DELETED> <DELETED> (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. This Act may be cited as the ``Combating Global Corruption Act of 2021''. (2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. ( c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. ( (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. ( a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)-- (1) in all countries identified as tier 3 countries under section 3; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. ( (d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. ( a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact.

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.</DELETED> <DELETED> (a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, shall evaluate foreign persons engaged in grand corruption in all countries identified as tier 3 countries under section 3 for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.</DELETED> <DELETED> (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. This Act may be cited as the ``Combating Global Corruption Act of 2021''. (2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. ( c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. ( (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. ( a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)-- (1) in all countries identified as tier 3 countries under section 3; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. ( (d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. ( a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact.

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.</DELETED> <DELETED> (a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, shall evaluate foreign persons engaged in grand corruption in all countries identified as tier 3 countries under section 3 for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.</DELETED> <DELETED> (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. This Act may be cited as the ``Combating Global Corruption Act of 2021''. 2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. (3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. ( c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. ( (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. ( 3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. ( c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. ( d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. ( (f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact.

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.</DELETED> <DELETED> (a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, shall evaluate foreign persons engaged in grand corruption in all countries identified as tier 3 countries under section 3 for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.</DELETED> <DELETED> (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. This Act may be cited as the ``Combating Global Corruption Act of 2021''. (2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. ( c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. ( (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. ( a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)-- (1) in all countries identified as tier 3 countries under section 3; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. ( (d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. ( a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact.

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Combating Global Corruption Act of 2021''.</DELETED> <DELETED>SEC. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT.</DELETED> <DELETED> (a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, shall evaluate foreign persons engaged in grand corruption in all countries identified as tier 3 countries under section 3 for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.</DELETED> <DELETED> (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. This Act may be cited as the ``Combating Global Corruption Act of 2021''. 2) Corruption.--The term ``corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. (3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. ( c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. ( (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. ( 3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. ( c) Form of Report.--Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. ( d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. ( (f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact.

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. ( a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)-- (1) in all countries identified as tier 3 countries under section 3; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. ( ( d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. (

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. This Act may be cited as the ``Combating Global Corruption Act of 2021''. (3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. ( c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. ( ( d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. ( ( f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. (c) Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.--In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. ( a) In General.--The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note)-- (1) in all countries identified as tier 3 countries under section 3; or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. ( ( d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. (

To identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. This Act may be cited as the ``Combating Global Corruption Act of 2021''. (3) Significant corruption.--The term ``significant corruption'' means corruption committed at a high level of government that has some or all of the following characteristics: (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. ( c) Tier 2 Countries.--A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. ( ( d) Briefing in Lieu of Report.--The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (f) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. ( ( f) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.

Combating Global Corruption Act of 2021 - Directs the Secretary of State to annually publish, on a publicly accessible website, a tiered ranking of all foreign countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate foreign persons engaged in grand corruption for inclusion as specially designated nationals under the Global Magnitsky Human Rights Accountability Act. Directs the Secretary of State to evaluate whether a country is complying with minimum standards for the elimination of corruption if the government: (1) has enacted laws and established government structures, policies, and practices that prohibit corruption; (2) enforces such laws by punishing any person who is found to have violated them; (3) prescribes punishment for grand corruption that is commensurate Combating Global Corruption Act of 2021 This bill requires the Department of State to annually publish a tiered ranking of all foreign countries. The ranking shall include: (1) a country that is ranked as a tier 1 country if the government of such country is complying with the minimum standards set forth in this bill; (2) countries that are ranked as tier 2 countries if they are making Directs the Secretary of State to evaluate whether there are persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act. (Sec. 5) Requires the Secretary to report annually to specified congressional committees on whether such persons are: (1) in the pipeline for construction or operation of a pipeline to the United States; or (2 Directs the Secretary of State to annually designate an anti-corruption point of contact at the U.S. diplomatic post to each country identified as tier 2 or tier 3 under this Act or which the Secretary otherwise determines is in need of such a point. (Sec. 6) Requires each point to be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach

S.3952

Education

Student Right to Know Before You Go Act of 2022 This bill requires the National Center for Education Statistics to establish and maintain a new higher education data system. The center must use the system to calculate metrics related to student education, debt, and earnings. These metrics include student graduation rates, transfer rates, rates of continuation to subsequent levels of education, dropout rates, loan debt amounts, loan repayment rates, and debt-to-earnings ratios for each institution of higher education (IHE) that participates in federal student-aid programs. The metrics must be disaggregated and separately provided on the basis of specified categories. The system must meet requirements for minimizing privacy and security risks. The bill provides for the transition from the existing Integrated Postsecondary Education Data System to the new higher education data system. The Department of Education must publish the metrics on its website. Within five years, an IHE that participates in federal student-aid programs must display links on its website to these metrics.

To establish a new higher education data system to allow for more accurate, complete, and secure data on student retention, graduation, and earnings outcomes, at all levels of postsecondary enrollment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Right to Know Before You Go Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Aided student.--The term ``aided student'' means a student enrolled in an institution of higher education who has received assistance under a Federal student financial aid program. (2) Commissioner.--The term ``Commissioner'' means the Commissioner for Education Statistics. (3) Department.--The term ``Department'' means the Department of Education. (4) Federal student financial aid program.--The term ``Federal student financial aid program'' means any of the following: (A) The Federal Pell Grant program under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). (B) The Federal Family Education Loan program under part B of such title (20 U.S.C. 1071 et seq.). (C) The Federal Direct Loan program under part D of such title (20 U.S.C. 1087a et seq.). (D) The Federal Perkins Loan program under part E of such title (20 U.S.C. 1087aa et seq.). (5) Higher education data system.--The term ``higher education data system'' means the data system established under section 3(a). (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) IPEDS.--The term ``IPEDS'' means the Integrated Postsecondary Education Data System administered by the Commissioner of Education Statistics. (8) Machine-readable format.--The term ``machine-readable format'' means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost. (9) Personally identifiable information.--The term ``personally identifiable information'' includes-- (A) a student's name; (B) the name of a student's parent or other family members; (C) the address of a student or student's family; (D) a personal identifier, such as a student's social security number, student number, or biometric record; (E) other indirect identifiers, such as a student's date of birth, place of birth, and mother's maiden name; (F) other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (G) information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. (10) Reporting entity.--The term ``reporting entity'' means an institution of higher education, Federal agency, or other entity that submits data components for the higher education data system. (11) Secretary.--The term ``Secretary'' means the Secretary of Education. (12) Secure multi-party computation.--The term ``secure multi-party computation'' means a computerized system that enables different participating entities in possession of private sets of data to link and aggregate their data sets for the exclusive purpose of performing a finite number of pre- approved computations without transferring or otherwise revealing any private data to each other or anyone else. (13) Student-focused ipeds metrics.--The term ``student- focused IPEDS metrics'' means the aggregate metrics required under IPEDS, as in effect on the day before the date of enactment of this Act, that are student-related and calculated using student-related data components (such as student enrollment rates and graduation rates). SEC. 3. HIGHER EDUCATION DATA SYSTEM. (a) Establishment of New Data System.--By not later than October 1, 2022, the Secretary, acting through the Commissioner, shall establish and maintain a new higher education data system that meets the requirements of subsection (b). (b) Requirements of Data System.--The higher education data system shall-- (1) facilitate the compilation of statistical data necessary to create a robust and useful higher education data system while minimizing the privacy and security risks by using commercially available technology that, at a minimum, uses technical protection measures that reasonably ensure that-- (A) a reporting entity's raw data, including personally identifiable information, shall not be accessible through the system to the Department or any party other than the reporting entity; (B) no information about the data components used in the system is revealed by the system to the Department or any other party, except as incorporated into the outcome metrics described in section 5; and (C) no data or information that can identify an individual is revealed by the system to the Department or any other party; (2)(A) permit only the Office of the Commissioner, directly and not by grant or contract, to perform statistical queries necessary to determine the outcome metrics described in section 5 using the data components submitted by the reporting entities; and (B) prohibit, using commercially available technology, any other queries by the Department or any other party through the system; (3) be resistant, to the extent possible using commercially available technology, to attempts by any party to individually identify individuals in the data components submitted by reporting entities; and (4) minimize, to the extent possible using commercially available technology, the privacy risks to individuals whose data has been submitted by a reporting entity that could result from data breaches of any system operated by the reporting entity. (c) Considerations.--In designing, establishing, and maintaining the higher education data system, the Secretary, acting through the Commissioner, shall use the best available cybersecurity and privacy- enhancing technologies to protect the data collected under such system and the privacy of the underlying individuals. In designing the data system, the Commissioner-- (1) shall use secure multiparty computation technologies; or (2) may utilize technology other than secure multiparty computation technologies if the other technology-- (A) fully complies with subparagraphs (A) through (C) of subsection (b)(1); and (B) delivers greater student privacy and security than secure multiparty computation. (d) Rules and Guidance.-- (1) In general.--By not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall issue rules regarding how reporting entities, and other entities performing the reporting duties in accordance with section 4(a)(2)(B), shall comply with the requirements established under this Act and the amendments made to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by this Act. Such rules shall-- (A) establish common definitions for reporting entities to follow in submitting the data components required under section 4; and (B) establish the collection and submission requirements for the higher education data system. (2) Protection of data.--The Secretary shall promulgate and periodically review rules or guidance relating to security under this Act, which shall govern the access, use, and disclosure of data collected in connection with the activities authorized in this Act. The rules or guidance described in this paragraph shall-- (A) be consistent with the need to protect data from unauthorized access, use, and disclosure; and (B) include-- (i) an audit capability and requirements for routine audits; (ii) access controls; and (iii) requirements to ensure sufficient data security, quality, validity, and reliability. (3) Review.--Every 5 years, the Secretary shall review, and update as appropriate, the rules and guidance issued under paragraphs (1) and (2). (e) Notice.--The Secretary shall provide a clear, prominent, comprehensible, and non-misleading notice of the requirements of this section that shall-- (1) describe how the requirements of this section are to be implemented, and how personal information is to be collected, used, analyzed, or retained pursuant to this Act; and (2) be posted on the website of the Department and made available to all reporting entities. (f) Rule of Construction.--Nothing in this section shall be construed to place requirements or restrictions on activity not specifically related to establishing and maintaining the higher education data system. SEC. 4. REPORTING OF DATA COMPONENTS. (a) Data Components Reported by Institutions of Higher Education.-- (1) In general.--By not later than October 1, 2022, each institution of higher education participating in any Federal student financial assistance program shall report to the higher education data system-- (A) not more than the minimum student-level data necessary to enable the Commissioner to calculate the metrics described in section 5 for each year; and (B) not more than the minimum student-level data necessary for the Commissioner to calculate the student-focused IPEDS metrics for each year. (2) Use of technology.--In reporting the data described in paragraph (1) to the higher education data system, the institution may-- (A) directly report the data using the technology described in section 3(b)(1) and authorized in a rule or guidance issued under section 3(d); or (B) submit such data to a third-party servicer that has demonstrated the capacity to utilize such technology and agreed to conduct the reporting for the institution. (b) Data Components Reported From the Social Security Administration and the Secretary of the Treasury.--Beginning October 1, 2022, the Commissioner of Social Security and the Secretary of the Treasury shall report to the higher education data system the earnings data components for individuals employed in the United States, including the self-employed, independent contractors, and members of the military, that-- (1) are available to the Commissioner of Social Security or the Secretary, respectively; and (2) are necessary, as determined by the Commissioner for Education Statistics, for the calculation of the outcome metrics described in section 5 for each year. (c) Military-Related Data Components Reported From the Secretary of Defense and the Secretary of Veterans Affairs.--Beginning October 1, 2022, the Secretary of Defense and the Secretary of Veterans Affairs shall report to the higher education data system the data components relating to the recipients of educational assistance benefits provided directly to servicemembers and veterans under the laws administered by the Secretary of Veterans Affairs and Secretary of Defense, that-- (1) are available to each such Secretary; and (2) are necessary, as determined by the Commissioner, for the calculation of the outcome metrics described in section 5 for each year. (d) Financial Assistance Eligibility Data From the Secretary of Education.--Beginning October 1, 2022, the Secretary shall provide to the higher education data system the data components relating to individual eligibility for, and receipt of aid from, all Federal student financial aid programs that are necessary for the calculation of the outcome metrics described in section 5 for each year. SEC. 5. ESTABLISHMENT OF NEW METRICS. (a) Metrics.-- (1) In general.--Beginning not later than 4 years after the date of enactment of this Act and annually thereafter, the Secretary, acting through the Commissioner, shall use the higher education data system to calculate only the metrics described in subsections (b) and (c) for each institution participating in the system and, wherever applicable and feasible, for each program of study at the institution. (2) Period of data.--The Secretary shall calculate the metrics described in subsections (b) and (c) for the previous year. (b) Education and Debt-Related Metrics.-- (1) In general.--The education and debt-related metrics to be calculated under the higher education data system are the following: (A) All student-focused IPEDS metrics. (B) The percentage of students who receive each of the following: (i) Federal grants. (ii) Federal loans. (iii) State grants. (iv) State loans. (v) Private loans. (vi) Private scholarships. (vii) Institutional grants. (viii) Institutional loans. (C) Student completion rates, calculated based on the percentage of students who complete the program within 100 percent, 150 percent, and 200 percent of normal program completion time. (D) The mean and median amount of Federal loan debt, including accrued interest, incurred by aided students while enrolled in the institution for the most recent award year for which data are available. (E) The mean and median amount of total Federal loan debt, including accrued interest, incurred by aided students of the institution, as of the date of the student's graduation or completion of the student's program of study. (F) The mean and median amount of total Federal loan debt, including accrued interest, of aided students who do not complete a program, measured as of the day before the student's repayment period for any such loans begin. (G) The loan repayment rates of students who enrolled in the institution, as of 2, 6, and 15 years after the date of program completion or exit. (H) Student transfer rates, which shall be defined as the percentage of students who leave an institution and successfully enroll in a program of study at another institution, by sector of transfer, including whether the receiving program of study is offered by a public 4-year institution, public 2-year institution, public less-than-2-year institution, private nonprofit 4-year institution, private nonprofit 2-year institution, private nonprofit less-than-2-year institution, private for-profit 4-year institution, private for-profit 2-year institution, or private for- profit less-than-2-year institution. (I) Transfer student completion rates, which shall be defined as the percentage of students who leave an institution, successfully enroll in a program of study at another institution, and complete such program of study, by sector of transfer (as described in subparagraph (H)). (J) Rates of continuation to subsequent levels of education, including lateral, higher, and lower levels of degree or credential progression, disaggregated by credential sought (including master's degree, law degree, medical degree, veterinary degree, and postbaccalaureate certificate). (K) The percentage of students who receive the degree level they initially sought and the percentage of students who receive a higher degree level. (L) The percentage of students who drop out of the institution without receiving a degree or credential. (2) Disaggregation.-- (A) In general.--The education and debt-related metrics described in paragraph (1) shall be disaggregated and separately provided, except as allowed under subparagraph (B), on the basis of the following uncombined categories of data: (i) Students who received a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.). (ii) Students who received a loan under part B or D of such title (20 U.S.C. 1071 et seq; 1087a et seq.) but not a Federal Pell Grant. (iii) Students who received neither a Federal Pell Grant, nor a loan under such part B or D. (iv) Students who are recipients of educational assistance benefits provided directly to veterans under the law. The Secretary of Veterans Affairs shall coordinate with the Secretary to make available data sufficient to enable such reporting under this subparagraph. (v) Students who are servicemembers or veterans. (vi) Enrollment status, including the following: (I) First-time, full-time students. (II) First-time, part-time students. (III) Non-first-time, full-time students. (IV) Non-first-time, part-time students. (vii) Race or ethnicity. (viii) Age or age intervals. (ix) Gender. (x) First-generation postsecondary education student status. (xi) The type of credential (including a baccalaureate degree, associate's degree, and a certificate) sought by the student through the program of study. (xii) Whether the student is college-ready or non-college-ready in mathematics and science, as determined by the institution of higher education. (xiii) Completion status. (B) Exception.--The education and debt-related metrics described in a category under any of clauses (i) through (iv), (xi), or (xiii) of subparagraph (A) may be derived for purposes of the requirements of such subparagraph by combining data for such category with another single category of data described in any of clauses (i) through (xiii) of such subparagraph. (c) Earning Metrics.--The earning metrics shall be calculated in the following manner: (1) The earnings metrics shall consist of the debt-to- earnings ratio, and the annual earnings from employment, of students who enrolled in the institution of higher education-- (A) calculated at the mean, median, and 10th, 25th, 75th, and 90th percentiles of such students; and (B) further disaggregated by-- (i) program of study and credential received; (ii) the State in which the student is employed; and (iii) completion status. (2) The debt-to-earnings ratios and the annual earnings from employment calculated and disaggregated under paragraph (1) shall be calculated and reported for students for each of the following time periods: (A) 2 years after the student's educational program completion or exit. (B) 6 years after the student's educational program completion or exit. (C) 15 years after the student's educational program completion or exit. SEC. 6. TRANSITION. (a) Ensuring Comparability of Data Metrics.--For a period of 5 years beginning on the date on which the new outcome metrics under this Act are first reported to the public under section 7(a), the Secretary shall be responsible for publishing all student-focused IPEDS metrics as required under IPEDS as of the day before the date of enactment of this Act. (b) Transition.--Beginning 5 years after the date on which the new outcome metrics under this Act are first reported to the public under section 7(a), the higher education data system shall replace any separate reporting or data collection requirements under IPEDS involving the student-focused IPEDS metrics. SEC. 7. DISCLOSURE AND USE OF DATA. (a) In General.--The Secretary shall-- (1) make the outcome metrics described in section 5 for each year available on the website of the Department and through any other appropriate method, in a timely and user- friendly manner; and (2) publish such outcome metrics in a machine-readable format-- (A) on the website of the Department and through any other appropriate method; and (B) in a timely manner. (b) Sale of Data Components Prohibited.--The Secretary shall not sell any data components collected for the higher education data system to any third party. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to affect any other activity related to data collection undertaken by the Department of Education or any other Federal agency that is authorized under any other Federal law, except as provided under section 6 with respect to the collection of the IPEDS student-focused metrics. SEC. 9. AMENDMENTS TO THE HIGHER EDUCATION ACT OF 1965. (a) Removing Duplicative Requirements.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 132(i)(4), by inserting at the end the following: ``, subject to the requirements of the Student Right to Know Before You Go Act of 2022 and until the Secretary determines that the transition to the higher education data system established under such Act has occurred.''; and (2) in section 485, by adding at the end the following: ``(n) Alignment With Institutional Reporting Requirements.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Student Right to Know Before You Go Act of 2022, the Secretary shall issue guidance outlining which data metrics required to be submitted by institutions of higher education under such Act are duplicative of institutional reporting requirements under this section or other requirements under such Act. ``(2) Link to institutional reporting website.-- ``(A) In general.--Not later than 5 years after the date of enactment of the Student Right to Know Before You Go Act of 2022, an institution of higher education participating in any program under this title shall-- ``(i) notwithstanding any other provision of law, not be required to meet any duplicative requirements identified under paragraph (1); and ``(ii) provide a prominently displayed link on the institution's website to the website of the Department that provides the outcome metrics of the higher education data system established under the Student Right to Know Before You Go Act of 2022. ``(B) Requirements of link.--The link described in subparagraph (A)(ii) shall-- ``(i) at a minimum, be included on any webpage for the institution with cost, financial aid, admissions, or other consumer information; and ``(ii) be clear, conspicuous, and readily accessible, as determined by the Secretary.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2022 through 2030. <all>

Student Right to Know Before You Go Act of 2022

A bill to establish a new higher education data system to allow for more accurate, complete, and secure data on student retention, graduation, and earnings outcomes, at all levels of postsecondary enrollment, and for other purposes.

Student Right to Know Before You Go Act of 2022